20100989 Ver 1_Approval Letter_20101209

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor
Robert and Susan Miller
1200 Clodfelter Road
Winston Salem, NC 27107
Director
December 9, 2010
Subject: Approval of 401 Water Quality Certification with Additional Conditions
369 Skyland Drive, Woodrun Subdivision
Lake Tillery (030708,13-(1), WS IV, B, CA)
DWQ Project No. 2010-0989
Montgomery County
Dear Mr. and Mrs. Miller:
Dee Freeman
Secretary
You have our approval, in accordance with the attached conditions and those listed below, to dredge in
0.08acre (3500 square feet) of Lake Tillery for the purpose of removing accumulated sediments from the
lake floor adjacent to 369 Skyland Drive, in the Woodrun Subdivision, located near Mt. Gilead, as described
in your application dated November 26, 2010. After reviewing your application, we have decided that this
dredging is covered by General Water Quality Certification Number 3639. This certification allows you to
use Regional Permit Number 198200030 as issued by the US Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire when the accompanying 404 permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one
acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This
approval requires you to follow the conditions listed in the attached certification and any additional
conditions listed below.
225 Green St., Ste, 714
Fayetteville: North Carolina 28301 One
Phone: [phone] FAX : [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: aterguality.org
An Equal Opportunity 1 Affirmative Action ction Employer
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Miller
December 09, 2010
Page 2
Additional Conditions
1. The following impacts are hereby approved, as indicated in your application and supporting information,
as long as all of the other specific and general conditions of this certification are met. No other impacts
are approved, including incidental impacts.
Dredging of 0.08acre (3500 square feet) of Lake Tillery for the purpose of removing accumulated
sediments from the lake floor, in accordance with the application, drawings, and supplemental
information.
2. No waste, Spoil, Solids, or Fill or any kind
No wastes, 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order
to protect surface water standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project.
5. Protective Fencing - The outside buffer, wetland, or water boundary, and along the construction corridor
within the boundaries approved by this authorization shall be clearly marked with orange warning
Miller
December 9, 2010
Page 3
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 15A NCAC
2B. 0233 and GC 3404.
6. Timing of the dredging must comply with NC Wildlife moratoriums and conditions.
7. This work must be approved by the appropriate lake management authority, in this case, Progress
Energy.
8. Equipment and materials may be offloaded to the beach at the work site but steps must be taken to
keep all equipment out of the reservoir to the maximum practical extent. Should servicing of
equipment be necessary, such work is to be done in a manner and location as to prevent the
discharge of oil, hydraulic fluid, etc. into surface waters or ground waters.
9. Spoil material removed as a result of this dredging operation must be disposed of in an upland
location. Appropriate measures must be taken to comply with turbidity standards in the lake (50
NTU) at all times during the course of the excavation.
10. Mr. and Mrs. Robert and Susan Miller and their authorized agents shall conduct these activities in a
manner consistent with State water quality standards and any other appropriate requirements of State
law and federal law. Mr. and Mrs. Robert and Susan Miller shall require their contractors (and/or agents)
to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ determines that such standards or laws are
not being met (including the failure to sustain a designated or achieved use) or that State or federal law
is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification, DWQ
shall notify Mr. and Mrs. Robert and Susan Miller and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. and Mrs.
Robert and Susan Miller in writing, shall be provided to the United States Army Corps of Engineers for
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
11. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of
Completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Miller
December 9, 2010
Page 4
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of
the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this
letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
This Certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please contact Chad Turlington of the Fayetteville Regional Office at [phone].
Sincerely,
Coleen H. Sullins
Enclosures: GC 3693
Certificate of Completion
cc: DLR, FRO
Laurie Dennison, 401/Wetlands Unit
Ian McMillan, 401/Wetlands Unit
DWQ, FRO
Corps of Engineers Wilmington Field Office - Christy Wicker
Robert Gallagher - Lakeside Contractors