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HomeMy WebLinkAbout20190898 Ver 1_Approval Letter_20190814DocuSign Envelope ID: 9F5DCBC7-81D6-42DD-BCC4-266ADAC9A632 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director River Walk 54, LLC Attn: Cranford Jones 3705-A West Market Street Greensboro NC 27403 STATE o NORTH CAROLINA Environmental Quality August 14, 2019 DWR # 20190898 Alamance County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS River Walk Subdivision Phase 3 Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application dated June 28, 2019, received by the Division of Water Resources (Division) July 2, 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) Amount Approved (units) Permanent Temporary Stream 96 (linear feet) 5 (linear feet) 404/401 Wetlands 0 (acres) 0.005 (acres) 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: 9F5DCBC7-81D6-42DD-BCC4-266ADAC9A632 River Walk 54, LLC DWR# 20190898 401APPROVAL Page 2 of 3 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)] 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)] 4. The proposed project must comply with the Graham'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 0213 .0267. 5. 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 0213.02001. 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:OOam and S:OOpm, 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. DocuSign Envelope ID: 9F5DCBC7-81D6-42DD-BCC4-266ADAC9A632 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 River Walk 54, LLC DWR# 20190898 401APPROVAL Page 3 of 3 If sending 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 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, DocuS�igfned by: �w. l . —5,dcr 145B49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 4139 cc: Michael Brame, Pilot Environmental Inc. (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