HomeMy WebLinkAbout20171548 Ver 1_Approval Letter_20180319March 19, 2018
Burlington Grand Oaks LLC
Attn: Paul Holst
3907 N. Elm St
Greensboro NC 27455
ROY COOPER
Governor
MICHAEL S. REGAN
Secretaj:v
LINDA CULPEPPER
Interim Director
DWR # 20171548
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Huffman Point Subdivision
Dear Mr. Holst:
You have our approval for the impacts listed below for the purpose described in your application dated
October 24, 2017, received by the Division of Water Resources (Division) February 2, 2018, with
subsequent information on March 16, 2018. These impacts are covered by the attached Water Quality
General Certification Numbers 4133, 4135 and 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Numbers 12, 14 and 18 once they are 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
Amount Approved (units)
(units)
Temporary
Permanent
Stream
Site 1— road crossing
139 (linear feet)
0 (linear feet)
Site 2 — utility
0 (linear feet)
78 (linear feet)
installation
404/401 Wetlands
Site 2 — utility
0.01 (acres)
0 (acres)
installation
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
Burlington Grand Oaks LLC
DW R# 20171548
401APPROVAL
Page 2 of 3
2. 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 Certifications)/Permit/Authorization and is responsible
for complying with all conditions. [15A NCAC O2H .O507(d)(2)]
3. The proposed project must comply with the Burlington 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
0213.0267.
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) 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
Burlington Grand Oaks LLC
DWR# 20171548
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: GCs 4133, 4135, 4139
cc: Perry Isner, Wetlands & Waters, Inc. (via email)
David Balely, USACE Raleigh Regulatory Field Office (via email)
Josh Johnson, AWCK for City of Burlington (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file