HomeMy WebLinkAbout20190143 Ver 1_Approval Letter_20190503ROY COOPER
Governor
MICHAEL,& REGAN
ierretxj'
LINDA CULPEPPER
Director
M.ay 3, 2019
NORTH CAROLINA
Environmental Quality
DWR #19-0143
Orange County
Broyhill Wiles Building and Developing, Inc.
Attn: Kent Wiles,
3808 Dunsinane Dr.,
Durham, NC 27707 -
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
The Lodges at Chapel 'Hill (f.k.a. Damascus Church Road)
Dear Mr. Wiles:
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 January 29, 2019 with
payment received on January 31; 2019 with additional information received on April 17, 2019.
These impacts are covered by the.attached Water Quality General Certification Number 4135
and theconditions listed below.. 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 for
DWR #19-0143 replaces the 401 Water Quality Certification for DWR #07-0235 v3 dated' May
4, 2016.
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'ofthe Certification are met. 'No other, impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c)]
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The Lodges at Chapel Hill
DWR #19-0143
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetlands
W1: Road Crossing
0.40 (acres)
0 (acres)
Stream
S1: Road Crossing -Culvert
60 (linear feet)
0 (linear feet)
2. 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 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.
3. 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 the 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]
4. 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 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. 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
The Lodges at Chapel Hill
DWR #19-0143
401 APPROVAL
Page 3 of 4
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)]
This approval and its conditions are final and binding unless contested: [G.S. 143-215'.5]
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 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 by first Class Mail If sen. ding, via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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
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
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
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins .
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
512 N. Salisbury Street
Raleigh, NC 27604
The Lodges at Chapel Hill
DWR #19-0143
401 APPROVAL
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,
e__�
k Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4135
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
Thomas Purdue via e-mail at tapmacassoc(@bellsouth.net