HomeMy WebLinkAbout20150018 Ver 1_Approval Letter_201501157*4 An—
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 15, 2015
Michael Wayne Tesh
910 Berrier Rd
Lexington NC 27295
DWR # 15 -0018
Davidson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
126 Sara Beth Dr, Lexington
Dear Mr. Tesh:
You have our approval for the impacts listed below for the purpose described in your application dated
December 27, 2014, received by the Division of Water Resources (Division) January 6, 2014. 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 Regional General Permit Number
30. 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(s) 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 are met. No other impacts are approved, including incidental
impacts.
Impact Area
Temporary/Permanent
Impact Amount
Open Water
Permanent dredging
4500 square feet
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 Certification (s) /Permit /Authorization and is
responsible for complying with all conditions.
Winston -Salem Regional Office
Location: 450 W. Hanes Mill Rd Winston - Salem, North Carolina 27105
Phone: 336- 776 -98001 FAX: 336 - 776 -97971 Customer Service: 1- 877 -623 -6748
Internet: http: / /portal.ncdenr,org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer
Michael Wayne Tesh
DWR# 15 -0018
401 APPROVAL
Page 2 of 3
3. No waste, 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.
4. Upon.finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been
completed. This certificate should be returned to the Winston -Salem Regional Office of the NC
Division of Water Quality at the address listed on the form.
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) 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 8:00am 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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Michael Wayne Tesh
DWR# 15 -0018
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336 - 771 -4964 or sue.homewood @ncdenr.gov if you have any questions or
concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3898
cc: John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit