HomeMy WebLinkAbout20130428 Ver 2_Approval Letter_20170417April 17, 2017
Hillier Keziah Family LLC
Attn: John Gilliam
2026 Chapel Hill Rd
Burlington NC 27215
ROY COOPER
Governor
MICHAEL S. REGAN
S'ecr•etwj,
S. JAY ZIMMERMAN
Director
DWR # 2013-0428 v2
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hillier-Keziah Family LLC — Road Crossing
Dear Mr. Gilliam:
You have our approval for the impacts listed below for the purpose described in your application dated
March 10, 2017, received by the Division of Water Resources (Division) March 14, 2017, with subsequent
information on March 21, 2017 and April 12, 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units) Amount Approved (units)
Permanent Temporary
Stream
Site 1
45 (linear feet) 0 (linear feet)
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)]
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
Hillier-Keziah Family LLC
DWR# 2013-0428 v2
401APPROVAL
Page 2 of 3
Any additional impacts to streams and/or wetlands that result from the construction of future
roads, buildings, driveways, utility lines or other development related activities within this
commercial development may require a modification of this 401 Water Quality Certification
approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502]
4. The proposed project must comply with the City of Burlington's 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)
15A NCAC 02B .0267.
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 8:00am 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
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
Hillier-Keziah Family LLC
DWR# 2013-0428 v2
401 APPROVAL
Page 3 of 3
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: John T. Soule, HARP (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Michael Layne, City of Burlington (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file