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Home My WebLink About20070235 Ver 4_401 Approval_20180810ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director NORTH CAROLINA Environmental Quality August 10, 2018 DWR # 07-0235v4 Orange County Broyhill Wiles Building and Development, Inc. ATTN: Kent Wiles 3808 Dunsinane Drive Durham, NC 27707 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS (15A NCAC 02B .0200) Damascus Church Road Dear Mr. Wiles: You have our approval for the impacts listed below for the purpose described in your application dated March 5, 2018, received by the Division of Water Resources (Division) March 13, 2018 and subsequent information received on July 30, 2018. The impacts associated with this project are covered by the attached Water Quality General Certification Number 4135. This certification is associated with the use of Nationwide Permit Number 14 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 401 Water Quality Certification (DWR#07-0235v4) replaces the previous certification (DWR#07- 0235v3) issued May 4, 2016. This approval requires you to fallow 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)] Ophwmafm�m�l OW,� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 2 769 9-1611 919.707.9000 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland Fill/Clearing for Road Crossing 0.37 acres 0 acres Stream Culvert Wetland for Road Crossing 60 linear feet 0 linear feet 2. Buffer Impacts Please note that the proposed buffer impacts must be approved by Orange County before any impacts authorized in this certification occur. Orange County is the authority responsible for the Jordan Lake Watershed buffer rules in this area. 3. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H.0500. [15A NCAC 021-1.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)] 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 02H .0507(d)(2)) 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://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 maybe 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road 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 and 15NCAC 02H .0500. Please contact Paul Wojoski at 919-707-3631 or Paul.Wojoskioncdenr gov if you have any questions or concerns. Sincerely, h Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosure: GC 4135 cc: Julie Davidson, Agir-Waste Technology, Inc. (via email) USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file File Name: 070235v4DamascusChurchRoad(Orange)_401_GC