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