HomeMy WebLinkAbout20130393 Ver 1_Approval Letter_20130503PWWAA
RCDE-NR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Stephen R. Dixon
117 Pinecrest Drive
Mt. Gilead, NC 27306
Division of Water Quality
Charles Wakild, P.E.
Director
May 3, 2013
John E. Skvada, III
Secretary
DWQ # 13 -0396
Montgomery County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Shoreline Stabilization — Emerald Shores, 117 Pinecrest Drive
Dear Mr. Dixon:
You have our approval for the impacts listed below for the purpose described in your
application dated April 14, 2013, received by the Division of Water Quality (Division) April 15,
2013. These impacts are covered by the attached Water Quality General Certification Number
3898 and the conditions listed below. This certification is associated with the use of General
Permit Number 198200030 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 certifications) 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, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Open Waters
0.005 (acres)
(acres)
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Phone 919- 807 -6301 1 FAX 919 - 807 -6494
Internet http.11portal ncdenr org/web /wglws
An Equal Opportunity 1 Affirmative Action Employer
Stephen R. Dixon
DWQ# 13 -0393
401 APPROVAL
Page 2 of 3
2. 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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. Certificate of Completion - 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 DWQ
WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http:Hwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH.
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
8:00am 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
Stephen R. Dixon
DWQ# 13 -0393
401 APPROVAL
Page 3of3
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR - DWQ — Webscape Unit NC DENR -DWQ— Webscape Unit
1650 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 -1650 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Chad Turlington at (910) 433 -3320 or chad.turlington @ncdenr.gov if you have
any questions or concerns.
Sincerely,
Belinda S. Henson
Regional Supervisor
DWQ Fayetteville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Christy Wicker - USACE Wilmington Regulatory Field Office (via email)
DWQ FRO 401 files
DWQ Webscape Unit