The URL can be used to link to this page

Home My WebLink About20180648 Ver 1_Approval Letter_20180530 State of North Carolina | Environmental Quality | Water Resources 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 828-296-4500 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources Environmental Quality May 30, 2018 DWR# 18-0648 Henderson County Annabel Benito 110 Sycamore Avenue Bridgewater, NJ 08807 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Benito Horse Farm Dear Ms. Benito: You have our approval for the impacts listed below for the purpose described in your application dated May 2, 2018, received by the Division of Water Resources (Division) May 11, 2018, with subsequent information received May 16, 2018. These impacts are covered by the attached Water Quality General Certification Number 4139 and the additional 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, Water Supply Watershed, and Trout Buffer 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)] DocuSign Envelope ID: C67D05E4-03B3-4192-B173-AF5BE8DB2C6F Benito Horse Farm DWR# 18-0648 401 Approval Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 60 (feet) 20 (feet) 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 Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways, utility lines or other development related activities will require a modification of the 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501 and .0502] 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) 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 DocuSign Envelope ID: C67D05E4-03B3-4192-B173-AF5BE8DB2C6F Benito Horse Farm DWR# 18-0648 401 Approval Page 3 of 3 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 by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4139 Certificate of Completion cc: Shawn Anderson – Anderson Construction (via email) David Brown – USACE Asheville Regulatory Field Office (via email) Andrea Leslie – NCWRC (via email) Stan Aiken – Division of Energy, Mineral and Land Resources (via email) DWR ARO 401 files G:\WR\WQ\Henderson\401s\Non-DOT\Benito Horse Farm\20180530_BenitoHorseFarm_APPRV.docx DocuSign Envelope ID: C67D05E4-03B3-4192-B173-AF5BE8DB2C6F State of North Carolina | Environmental Quality | Water Resources 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 828-296-4500 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources Environmental Quality WR Project No.: __________________ County: ____________________________________ Applicant: __________________________________________________________________________ Project Name: ______________________________________________________________________ Date of Issuance of 401 Water Quality Certification: ________________________________________ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ Agent’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ If this project was designed by a Certified Professional I, ____________________________________, as a duly registered Professional ___________ (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________________ Registration No. ________________ Date ____________________