HomeMy WebLinkAbout20110914 Ver 1_Approval Letter_20111014
FIX,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. James Hobbs
8031 Serendipity Lane
Charlotte, NC 28277
Coleen H. Sullins
Director
Subject Property: 640 Lake Head Rd., Lake Tillery
Approval Of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hobbs:
Dee Freeman
Secretary
October 14, 2011
DWQ# 11-0914
Stanly County
You have our approval, in accordance with the general certification and those conditions listed below,
to place fill in or to otherwise impact/stabilize the following as described in your application dated October 13,
2011:
Amount Approved Units Plan Location or Reference
Shoreline 75 feet Seawall/rip rap
404/CAMA Wetlands (acres)
Waters 225 (square ft.
Buffers - Zone 1 NA (square ft.)
Buffers- Zone 2 (square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ) General Water
Quality Certification Number 3693 covers the impacts (a copy can be found at:
http://portal.ncdnr.org/web/wq/ws. This Certification allow' you to use Regional General Permit No.
198200030 when issued to you by the US Army Corps of Engineers (USACOE). In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you proceed with your
project, including (but not limited to) those required by Erosion and Sediment Control, Non-Discharge, Duke
Power, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is for the purpose and design that you described
in your application. If you change your project, you must notify this office and you may be required to submit 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.
This approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748
Internet: http://portal.ncdnr.org/web/wq/ws
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1. The Mccresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The access corridor shall be restored to its original state.
3. All storm water shall be directed as diffuse flow at non-erosive velocities and will not re-concentrate before
discharging into the lake/stream as identified.
4. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion form to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. 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, N.C. 27699-6714. This Certification and its conditions are final and binding unless
you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate shall be referred in writing to
the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S.
150B.
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 telephone Ian McMillan at 919-807-6364 or Alan Johnson at 704-663-
1699.
Sincerely,
for Coleen H. Sullins
Enclosure
cc: Ian McMillan, Wetlands Unit
Progress Energy Lake Mgt., P.O. Box 1551, PEB 3A, Raleigh, NC 27602
Robert Gallagher, 10579 Willow Oak Rd., Norwood. 28128