HomeMy WebLinkAbout20190006 Ver 1_Approval Letter_20190506DocuSign Envelope ID: 05DOAOD3-9299-496A-A7AA-9371 F8271 A87
DWR # 20190006
Guilford County
Alcorn Road LLC
Attn: Buddy Lyons
5826 Samet Drive, Suite 105
High Point NC 27265
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Thatcher Woods Phase 2
Dear Mr. Lyons:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) December 21, 2018, with payment received
on January 4, 2019, and with subsequent information on February 11, 2019 and April 15, 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 -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow 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)]
Type of Impact
STATE o
Amount Approved (units)
Temporary
Stream
Site 1- culvert
128 (linear feet)
0 (linear feet)
Site 1— riprap dissipator
ROY COOPER
0 (linear feet)
Governor
0 (linear feet)
MICHAEL S. REGAN
NORTH CAROLINA
Secretary
Environmental Quality
LINDA CULPEPPER
0.27 (acres)
Director
May 6, 2019
DWR # 20190006
Guilford County
Alcorn Road LLC
Attn: Buddy Lyons
5826 Samet Drive, Suite 105
High Point NC 27265
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Thatcher Woods Phase 2
Dear Mr. Lyons:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) December 21, 2018, with payment received
on January 4, 2019, and with subsequent information on February 11, 2019 and April 15, 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 -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow 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)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1- culvert
128 (linear feet)
0 (linear feet)
Site 1— riprap dissipator
32 (linear feet)
0 (linear feet)
Site 1- dewatering
0 (linear feet)
5 (linear feet)
404/401 Wetlands
Site 1
0.27 (acres)
0 (acres)
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
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800
DocuSign Envelope ID: 05DOAOD3-9299-496A-A7AA-9371 F8271 A87
Alcorn Road LLC
DWR# 20190006
401APPROVAL
Page 2 of 3
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)]
The proposed project must comply with the Guilford County's 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 02B.0267.
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. This authorization exempts the Permittee from meeting Condition 11.11 in the attached General
Certification #4134 for the burial of the culvert. Due to the slope of the culvert it shall be
installed flush with the natural stream grade. This exemption does not relieve the Permittee of
meeting stream standards as indicated in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
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 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 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).
DocuSign Envelope ID: 05DOAOD3-9299-496A-A7AA-9371 F8271 A87
Alcorn Road LLC
DWR# 20190006
401APPROVAL
Page 3 of 3
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
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.gov if you have any questions or
concerns.
Sincerely,
EDocuS�igfned by:
LJti l . c�J,dcr
945B49E225C94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Hugh Creed Associates Inc. PA (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