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HomeMy WebLinkAbout20170323 Ver 1_Approval Letter_20170511A/ater Resourc es L N V f R 0 IN M f N1 A I Q U A L f May 11, 2017 Lighthouse Cleveland Springs, LLC ATTN: David Musick 1712 Bay Cir W Orange Park, FL 32073 R 0 Y ("001)11R W' NflCHAI 1, S RFGAN SJAY /]MMERMAN DWR # 17-0323 Johnston County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cleveland Springs Phase 4 Dear Mr. Musick: You have our approval for the impacts listed below for the purpose described in your application dated March 15, 2017, received by the Division of Water Resources (Division) on March 21, 2017, with additional information received March 24, 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 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: 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(c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary WETLAND W1 0.0359 (acres) 0 (acres) W2 0 (acres) 0.0638 (acres) STREAM S1 12 (linear feet) 0 (linear feet) SZ 0 (linear feet) J 20 (linear feet) ........... . . ..................... . . -- State ol'North Carolina I Environmental Qualiq I Water Resources 1617 Mail Sen,ice Center I Raleigh, North Carolina 27 699-1 61 7 919 807 6300 I Cleveland Springs Phase 4 DWR# 17-0323 Page 2 of 3 2. This approval is for the purpose and design described in your application for Phase 4. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, including any additional Phases, 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 Certifications and is responsible for complying with all conditions, [15A NCAC 02H .0507(d)(2)] 3. The stormwater management plan (SMP) approved by Johnston County meets the requirements of this Certification. The SMP may not be modified without prior written authorization from Johnston County. [15A NCAC 02H .0506(b)(5)] 4. The proposed project must comply with the Johnston County local riparian buffer ordinance approved by the Environmental Management Commission under the Neuse River Basin: Delegation of Authority for the Protection and Maintenance of Existing Riparian Buffers, Title 15A NCAC 0213.0241. 5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (e.g. 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)] This approval and its conditions are final and binding unless contested, [G.S. 143-215.5] This Certification can be contested as provided in 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:Z/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): • of Administrative Hearings • 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 Department of Environmental Quality: 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 me at ka en.higgins@ncdenr,gov if you have any questions or concerns. Enclosures: GC 4092 cc (w/out • Jim Spangler, Spangler • Inc. (email) USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permng Branch file Filename: 170323CIevelandSpringsPhase4(Wake)_401—GC