HomeMy WebLinkAbout20181041 Ver 1_Approval Letter_20180831NORTH CAROLINA
ROY COOPER. Environmental Quality
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MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
inrefft afrecitor
August 31, 2018
DWR # 20181041
Alamance County
Desco Mebane Partners LLC
Attn: Eric Dischinger
600 Market St
Chapel Hill NC 27516
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Cambridge Park Subdivision
Dear Mr. Dischinger:
You have our approval for the impacts listed below for the purpose described in your
application dated July 19, 2018, received by the Division of Water Resources (Division) July 27,
2018, and with subsequent information on August 13, 2018 and August 24, 2018. These
impacts are covered by the attached Water Quality General Certification Number 4133 and
4139 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Numbers 12 and 29 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 certifications) or
general permit and the following additional conditions:
North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800
Desco Mebane Partners LLC
DWR# 20181041
401 APPROVAL
Page 2 of 4
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are meta No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Road Crossing
114 (linear feet)
8 (linear feet)
Sewer Crossing -S3
0 (linear feet)
12 (linear feet)
Sewer Crossing -S4
0 (linear feet)
12 (linear feet)
Sewer Crossing -S5
0 (linear feet)
12 (linear 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. The proposed project must comply with the Town of Mebane 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. No impacts to the stream
at the road crossing shall occur until the Permittee has secured a Buffer Authorization
from the Town of Mebane.
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision
will require a modification of this 401 Water Quality Certification approval. [15A NCAC
02H .0506(4) and 15A NCAC 02H .0501 and .0502] -
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 (example -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)]
6. As requested by the NC Wildlife Resource Commission, tree clearing activities shall not
occur during the maternity roosting season for bats (May 15 —August 15).
Desco Mebane Partners LLC
DWR# 20181041
401 APPROVAL
Page 3 of 4
7. The permittee shall report to the Winston Salem Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B
.02001 including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
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 Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
Desco Mebane Partners LLC
DWR# 20181041
401 APPROVAL
Page 4 of 4
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 of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.goyif 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: GC 4133 / GC 4139
cc: Brad Luckey, Pilot Environmental (via email)
Josh Johnson, AWCK for Town of Mebane (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR WSRO 401 file
DWR 401 &Buffer Permitting Unit file