HomeMy WebLinkAbout20190932 Ver 1_Approval Letter_20190912ROY COOPER.
Goveracr
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
September 12, 2019
NORTH CAROLINA
Environmental Quality
DWR #19-0932
Person County
East Coast Investors, LLC
Attn: Graham Allen
3129 Springbank Lane; Suite 200
Charlotte, NC 28226
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
The Peninsula at Hyco Lake
Dear Mr. Allen:
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 July 12, 2019 with -
payment received on August 6, 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 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 0213'.0506(b)(c)]
y' North C<arollrri Departtr?ettt of Ertvkomr.t.,ulal Quality i Division of Water Resources
rext:�s•n.�,uw� a 'r
Raleigh Regiai"rat (.7`fice ! 3800 Barrett Drive Raleig -i. North Carcafina 27609
t��saa t�t9ssw�.0 AA d., 919.791.4200
The Peninsula at Hyco Lake
DWR #19-00932
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Road Crossing
0.024 (acres)
0 (acres)
W2: Road Crossing
0 (acres)
0.005 (acres)
Stream
S1: Road Crossing
51 (linear feet)
0 (linear feet)
S2: Road Crossing
110 (linear feet)
0 (linear feet)
S3: Road Crossing
117 (linear feet)
0 (linear feet)
S4: Road Crossing
0 (linear feet)
30 (linear feet)
S5: Road Crossing
0 (linear feet)
22 (linear feet)
S6: Road Crossing
0 (linear feet)
10 (linear feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Person County and meet the
requirements of this Certification. The SMP may not be modified without prior written
authorization from the Person 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 .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.
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)]
The Peninsula at,Hyco Lake
DWR #19-00932
401 APPROVAL.
Page 3 of 4
5. This approval is for the purpose and design described in your application. The, plans, and
specifications for this project ateincorporatedby 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)]
This approval and,its conditions are final and binding unless contested. [G.S. 143-215.51
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 8:00bm 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
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 27699-1601
The Peninsula at Hyco Lake
DWR #19-00932
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,
c Bolich, L.G.
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
David Cooper via e-mail at dcooper@vhb.com