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HomeMy WebLinkAbout20170141 Ver 1_Approval Letter_20170417April 17, 2017 Jasper Pointe LLC Attn: Mr. C. Craig Stone PO Box 935 Jamestown NC 27282 ROY COOPER. Goverwr MICHAEL S. REGAN S. JAY ZIMMERMAN Director DWR # 2017-0141 Surry County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Jasper Pointe Apartments Dear Mr. Stone: You have our approval for the impacts listed below for the purpose described in your application dated January 30, 2017, received by the Division of Water Resources (Division) January 31, 2017, with subsequent information on March 20, 2017, April 7, 2017 and April 10, 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: 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 Road Crossing 106 (linear feet) 10 (linear feet) 404/401 Wetlands Road Crossing 0.034 (acres) 0 (acres) State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Jasper Pointe LLC DWR# 2017-0141 401 APPROVAL Page 2 of 4 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)] The Division approves the SMP consisting of one Biorentention Cell and all associated stormwater conveyances, inlet and outlet structures, and grading and drainage patterns depicted on plan sheets dated April 10, 2017, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: The maximum allowable drainage area for the approved Bioretention Cell shall be 168,502 square feet and the maximum allowable built -upon area within that drainage area shall be 89,054 square feet. Any changes to these maximum areas shall require the applicant to submit and receive approval for a revised stormwater management plan by the Division. [15A NCAC 02H .0506(b)(5)] b. The footprint of all stormwater management device as well as an additional 10 -foot wide area on all sides of the device shall be located in a recorded easement. The final plats for the project showing all easement areas shall be in accordance with the approved plans. [15A NCAC 02H .0506(b)(5)] c. The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] d. The SMP may not be modified without prior written authorization from the Division. [15A NCAC 02H .0506(b)(5)] e. Maintenance activities for the Biorentention Cell shall be performed in accordance with the notarized 0&M agreements signed by C. Craig Stone (Jasper Pointe LLC) on March 16, 2017. The 0&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The Division shall be notified promptly of every transfer. [15A NCAC 02H .0506(b)(5)] f. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http:Hporta1.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms). [15A NCAC 02H .0506(b)(5)] Jasper Pointe LLC DWR# 2017-0141 401 APPROVAL Page 3 of 4 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 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 8:00am 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: 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 DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Jasper Pointe LLC DWR# 2017-0141 401 APPROVAL Page 4 of 4 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: Brad Luckey, Pilot Environmental Inc (via email) Matt Williams, Borum, Wade & Assoc. (vial email) William Elliot, USACE Asheville Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file