HomeMy WebLinkAbout20170146 Ver 1_Approval Letter_20170324t 'y
Water Resources
Environmental Quality
March 24, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0146
Wake County
The Ardent Companies
Attn: Todd Terwilliger
2100 Powers Ferry Road NE
Atlanta, GA 30339
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Buckhorn Preserve
Dear Mr. Terwilliger:
You have our approval for the impacts listed below for the purpose described in your application dated
January 31, 2017, received by the Division of Water Resources (Division) January 31, 2017, with subsequent
information on March 9, 2017 and March 23, 2017. These impacts are covered by the attached Water Quality
General Certification Number 4092 and the conditions listed. below. This .certification is associated with the
use of Nationwide Permit Number 29, once it is issued to you by the U.S. Army Corps of Engineers. Please
note that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This. approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved, if all the other specific and general conditions of the
Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H
.0506(b) and/or (c)] and 15A NCAC 02B .0269(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Impact 6
190 (linear feet)
Impact 7
10 (linear feet)
Impact 3
42 (linear feet)
Impact 17
36 (linear feet)
404/401 Wetlands
Impact 1
0.22 (acres)
Impact 2
0.013 (acres)
Impact 5
0.042 (acres)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 271.05
Phone: 336-776-98001 FAX: 336-776-9797
TAC Buckhorn, LLC
DWR# 17-0146
401 APPROVAL
Page 2 of 3
Impact 8
0.033 (acres)
Impact 9
0.005 (acres)
Impact 12
0.067 (acres)
Impact 15
0.046 (acres)
Impact 16
0.057 (acres)
Impact 4
0.027 (acres)
Impact 10
0.012 (acres)
Impact 11
0.030 (acres)
Impact 13
0.027 (acres)
Impact 14
0.016 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you change
your project, you must notify the Division and you may be required to submit a new application
package with the appropriate fee. If the property is sold, the new owner must be given a copy of this
approval letter and General Certification(s)/Permit/Authorization and is responsible for complying
with all. conditions. [15A NCAC 02H .0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is
completed. [15ANCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
4. The proposed project must comply with the Town of Apex local water supply ordinance approved by
the N.C. Environmental Management Commission (EMC) as required under the Jordan Lake Water
Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) [I 5A NCAC
02B .0267]
This approval and its conditions are inial and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative. hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.'
A petition form .may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 43 1-3 000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition
alongwith any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
TAC Buckhorn, LLC
DWR# 17-0146
401 APPROVAL
Page 3of3
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act as described in
15A NCAC .0267. Please contact April Norton at 3 3 6-776-9693 or april.norton(a�ncdenr.gov if you have any
questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ — WSRO
Enclosures: GC 4092
cc: Troy Beasley, WithersRavenel (via email)
Tasha Alexander, USACE Raleigh Regulatory Field Office (via email)
DWR RRO 401 file
DWR 401 &Buffer Permitting Unit file