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HomeMy WebLinkAbout20181041 Ver 2_Approval letter_20181106RCDP COOPER oaveret ae MICHAEL S. REGAN Secretary' LINDA CULPEPPER. interim ai yr Desco Mebane Partners LLC Attn: Eric Dischinger 600 Market St Chapel Hill NC 27516 NORTH CAROLINA Ehy1roa m ntal Quality November 6, 2018 DWR#20181041 v2 Alamance County 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 October 8, 2018, received by the Division of Water Resources (Division) October 15, 2018, and with subsequent information on October 30, 2018. These impacts are covered by the attached Water Quality General Certification Number 4133 and 4139 and the conditions listed below. This Certification replaces the Certification issued on August 31, 2018. 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: ••-;��� tidy .1EVQ5 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# 201810412 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 met. 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 125 (linear feet) 20 (linear feet) Sewer Crossing -S2 10 (linear feet) 20 (linear feet) Sewer Crossing -S3 10 (linear feet) 20 (linear feet) Sewer Crossing -S4 10 (linear feet) 20 (linear feet) Sewer Crossing -S5 10 (linear feet) 20 (linear feet) Sewer Crossing -S6 10 (linear feet) 20 (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 Certifications)/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 026 .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)] Desco Mebane Partners LLC DWR# 201810412 401 APPROVAL Page 3 of 4 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). 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 .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 0213.0200]. 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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Desco Mebane Partners LLC DWR# 201810412 401APPROVAL 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.homewood2ncdenr.gov if you have any questions or concerns. Sincerely, e 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