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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