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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