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HomeMy WebLinkAbout20150342 Ver 2_Approval Letter_20170404t. Water Resources Environmental Quality April 4, 2017 Parr Construction Attn: Chris Parr PO Box 4088 Greensboro NC 27404 ROY COOPER Governo!' MICHAEL S. REGAN Secretcrry S. JAY ZIMMERMAN Direclor DWR # 2015-0342 v2 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Smith Crossing Mixed Use Development Dear Mr. Parr: You have our approval for the impacts listed below for the purpose described in your application dated December 22, 2016, received by the Division of Water Resources (Division) December 22, 2016, with subsequent information on January 9, 2017, February 14, 2017, February 15, 2017, March 8, 2017 and April 4, 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: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit 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 Culvert & Riprap 117 (linear feet) 30 (linear feet) Dewatering 0 (linear feet) 25 (linear feet) Channel re -alignment 0 (linear feet) 36 (linear feet) State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 Parr Construction DWR# 2015-0342 v2 401 APPROVAL 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)] 3. The Permittee shall stake the limits of disturbance and conduct a preconstruction meeting with the construction contractor and the Division prior to disturbance of the impact area. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 4. Visual monitoring of the stream re -alignment and bank stabilization area shall be conducted at a minimum of quarterly for the first year. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Winston Salem Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] 5. A stormwater management plan (SMP) shall be approved by the Town of Kernersville before any land any impacts associated with this Certification occur. [15A NCAC 02H .0506(b)(5)] 6. Any additional impacts to streams and/or wetlands as a. result of future roads, buildings, driveways, utility lines or other development related activities within this.development may require a modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502] 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 1506 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 _h_ttp://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 8:00am and 5:00pm, 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Parr Construction DWR# 2015-0342 v2 401 APPROVAL Page 3 of 3 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. Please contact Sue Homewood at 336-776-9693 or sue.homewood@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: Walter Cole, S&ME, Inc. (via email) Wayne Barber, Allied Design Inc. (via email) Jean Gibby, USACE Raleigh Regulatory Field Office (via email) Ana Jamarillo, Town of Kernersville (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file