HomeMy WebLinkAbout20171045 Ver 1_Approval Letter_20190507ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 7, 2019
DWR # 17-1045
Surry County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27699
Wildlands Engineering, Inc.
Attn: Shawn Wilkerson
1430 S. Mint Street, #104
Charlotte, North Carolina 28203
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Key Mill Mitigation Site
Dear Mr. Xu and Mr. Wilkerson:
You have our approval for the impacts listed below for the purpose described in your
application dated April 8, 2019, received by the Division of Water Resources April 8, 2019.
These impacts are covered by the attached Water Quality General Certification Number
4134 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 27 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:
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
i� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-16f7
rurtnuvrzMwin
919.707.9000
Key Mill Mitigation Site
DW R# 17-1045
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404/401 Wetlands
W1
0.028 acres
0 acres
Total
0.028
0
Stream
S1
1,782 linear feet
0 linear feet
S2
1099
0
S3
1169
0
S4
0
110
S5
0
142
S6
0
51
S7
219
0
S8
298
0
S9
349
0
S10
691
0
S11
41
0
S12
0
15
S13
0
129
S14
415
0
S15
261
0
Total
6,324
447
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 issuance of the 401 Water Quality. Certification for the
restoration/enhancement project does not represent an approval of credit yield for
the project. [15A NCAC 02H .0500(h)]
4. You have our approval for your proposed final stream enhancements/restorations
plan. The stream restorations/enhancements must be constructed, maintained, and
Key Mill Mitigation Site
DWR# 17-1045
Page 3 of 4
monitored according to the plans approved by this Office and this Certificate of
Coverage. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the
repairs or adjustments. [15A NCAC 02H .0506(h)
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 maybe obtained from the OAH at http://www.ncoah.comI 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 maybe 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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
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 27699-1601
Key Mill Mitigation Site
DWR# 17-1045
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or mac.hauptCo)ncdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Todd Tugwell, USACE Raleigh Regulatory Field Office
Sue Homewood, DWR Winston-Salem Regional Office 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 171045KeyMill(Surry) 401 approval ltr.May 7, 2019.docx