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
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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