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HomeMy WebLinkAbout20170272 Ver 1_Approval Letter_20170508May 8, 2017 Green Level Group Attn: James Parker Jr. 504 Meadowlands Dr Hillsborough NC 27278 ROY COOPER. Govertioi- MICHAEL S. REGAN Secretarj, S. JAY ZIMIVIERMAN Dir-ector DWR # 20170272 Alamance County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Bedford Hills Subdivision Dear Mr. Parker: You have our approval for the impacts listed below for the purpose described in your application dated March 3, 2017, received by the Division of Water Resources (Division) March 7, 2017, with subsequent information on April 19, 2017 and May 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 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 certifications) 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 Amount Approved (units) (units) Temporary Permanent Stream Site 1— After the Fact 66 (linear feet) — culvert 0 (linear feet) 27 (linear feet) - riprap Site 2 74 (linear feet) — culvert 16 (linear feet) 20 (linear feet) - riprap 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 Green Level Group DW R# 20170272 401 APPROVAL Page 2 of 4 Site 3 — Removal of 21 (linear feet) 50 (linear feet) existing culvert Site 4 — Sewer 0 (linear feet) 20 (linear feet) crossing 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. Fill that has been placed within a wetland as noted in a Notice of Violation (NOV) issued by the Division on December 16, 2016 behind lots east of Brice Street shall be removed in accordance with discussions during a site visit on May 4, 2017 within 30 days of issuance of this approval. 4. Sediment deposits identified within a wetland as noted in the NOV issued on December 16, 2016 shall be removed in accordance with instructions provided during a site visit on May 4, 2017 within 30 days of issuance of this approval 5. The existing culvert that has been proposed for removal shall be removed and the site restored and stabilized within 30 days of completion of the Brice Street road crossing. The restored area shall be monitored quarterly for a minimum of 1 year or until the site is stable, whichever is longer. Any failures of 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)] 6. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 7. The Permittee shall stake the limits of disturbance at the Brice Street road crossing and conduct a preconstruction meeting with the construction contractor and the Division and/or the US Army Corps of Engineers prior to disturbance of the impact area. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] Green Level Group DWR# 20170272 401 APPROVAL Page 3 of 4 8. You are required to secure an approved stormwater management plan (SMP) from the Town of Green Level before any land disturbance associated with that project may occur. After it is approved the SMP may not be modified without prior written authorization from Town of Green Level. [15A NCAC 02H .0506(b)(5)] 9. The proposed project must comply with the Town of Green Level 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. 10. Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 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: 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 Green Level Group DWR# 20170272 401APPROVAL Page 4 of 4 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: Chad Abbot, Summit Design and. Engineering Services (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Michael Douglas, Town of Green Level (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file