HomeMy WebLinkAbout20190166 Ver 1_Approval Letter_20190326ROY COOPER
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Governor �v t. � 1 *N, w
MICHAEL S. REGANSecretary
LINDA'CULPEPPER. NORTH CAROLINA
Director Environmental Quality
March 26, 2019
HDP Mill Creek c/o RHH Land Investors, LLC
Attn: Kerry'Avant
2919 Breezewood Avenue; Suite 400
Fayetteville, NC 28303'
DWR #19-0166.
Johnston County
Subject: APPROVAL'OF 401.WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS.
Mill Creek Subdivision
Dear Mr. Avant:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on February 6, 2019 with
payment received on February 14, 2019. These impacts are covered by the attached Water
Quality General. Certification Number 4139 and the 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-bischarge, and Water Supply Watershed regulations.
This, approval requires you to follow the conditions listed in the enclosed certification'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 02B .0506(b)(c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
W1:,Sanitary Sewer Crossing & Easem.ent '
0.053 (acres)
0 (acres)
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North CiAr-ulina Dep,*;u,ttY`eni' CJI Envii'oC'Ett€t.,vtal Qkmlity DMsion,ol 4VF ew. Resources
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919:791.4200
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Mill Creek Subdivision
DWR #19-0166
401 APPROVAL
Page 2 of 4
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management,plan (SMP) must be approved by Johnston County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Johnston County. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh 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 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holidayyfrom 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.
4. No Waste, Spoil, Solids, .or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters,'or riparian areas
beyond the footprint of�t,h,e impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
5. 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 ap'proved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2)'and (c)(2) and 15A NCAC
02H .0507 (c)]
6. 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 and is responsible for
complying with all,conditions. [15A NCAC 02B .0507(d)(2)]
Mill Creek Subdivision
DWR #19-0166
401APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143=215.51
This Certification and Buffer Authorization 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 maybe obtained -from the OAH at http://www.ncoah.com/,br 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 vA,t.h any applicable OAH filing fee is received in the OAH during normal
office h'ours (Monday through Friday between 8:00am' -and 5:00pm, "excluding official state
holidays)'. .
The petition, ma,y 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;forthe OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
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 2769971601
Please send one (1) copy of the petition to DWR: ;.
If. sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC, 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer. Permitting'
Branch
512 N. Salisbury Street 1
Raleigh, NC 276.04
J
Mill Creek Subdivision
DWR #19-0166
401APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at dshirlev@sandec.com