HomeMy WebLinkAbout20170209 Ver 1_Approval Letter_20170328ll4�r"�1
11/atef Resources
March 28, 2017
R 0 Y CO 0 PFR
MICHAFT S. RLGAN
S. JAY 1IMN4E RMAN
D W R # 17-0209
Wake County
LCG Acquisitions, LLC
Attn: Mr. Todd Harrelson
5970 Fairview Road, Ste 450
Charlotte, NC 28210
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Hillstone at Alston Town Center
Dear Mr. Harrelson:
You have our approval for the impacts listed below for the purpose described in your application
dated February 17, 2017, received by the Division of Water Resources (Division) on February 20,
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 39 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:
The following impacts are hereby approved provided that all of 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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1— Impact 1 & 1A
135 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 1— Impact 2
0.005 (acres)
0 (acres)
Site 2 — Impact 3
0.042 (acres)
0 (acres
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Page 2 of 3
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)]
You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Cary before any impacts authorized in this certification occur. After it is
approved, the SMP may not be modified without prior written authorization from the
Town of Cary. [15A NCAC 02H .0506(b)(5)]
This approval and its conditions are final 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) 431-3000 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:OOam 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 along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have
any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4092
cc: Troy Beasley, Withers & Ravenel (via tbeasley@withersravenel.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170209HillstoneatAlstonTownCenter(Wake)_401_GC.docx