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HomeMy WebLinkAbout20021769 Ver 1_Approval Letter_20021108\o~aF wA rFRQc ~ r _~ d "~ November 8, 2002 Moore County DWQ Project #: 02-1769 APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS Town of Southern Pines Attn: Bobby Teague 140 Memorial Park Court Southern Pines, NC 28387 Dear Mr. Teague: You have our approval, in accordance with the attached conditions, to impact 100 square feet of waters for the purpose of constructing the Town of Southern Pines temporary weir on Drowning Creek as you described in your application dated October 31, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3362, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 18 when the Corps of Engineers issues it. 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. 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 shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 2. The 30 inch pipe through the dam shall remain open at all times in order to provide downstream flow unless approved otherwise in writing by DWQ. If you do not accept any of the conditions of this certification, 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 ~r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http:!/h2o.enr.state.nc.us/ncwetlands Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. 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 telephone John Dorney at 919-733-1786 or Ken Averitte at our Fayetteville Regional Office at 910-486-1541. Sincerely, Attachments 1 ~ . Kli .E., Dir for cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office File copy Central Files Dr. J. H. Carter, III & Associates, Inc.