HomeMy WebLinkAbout20221543 Ver 1_Approval Letter_20221128ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, jR. NORTH CAROLINA
Director Environmental Quality
November 28, 2022
DWR # 22-1543
Catawba County
Russell Spindler
3934 Granite Street
Terrell, NC 28682-9733
Delivered via email to russellspindler@gmail.com
Subject: Catawba Riparian Buffer Impacts.
Dredge Project, 3934 Granite Street, Lake Norman
Mr. Spindler
This letter is to advise you of the presents of the Catawba Riparian Buffers. As noted in your application,
the proposed project is for dredge of a 30 x 30 - foot area, with dredging operations performed from a
barge water ward of subject site with no buffer impacts. In the event that it may become necessary to
conduct work from landward side of this project is will be necessary to contact the Mooresville Regional
Office for buffer approval before work commences.
The application for the subject project does not propose any riparian buffer impacts therefore this letter
completes review of the Division under which the Catawba Riparian Buffer Rules as described in 15A
NCAC 02B .0614. Please contact Roberto Scheller at 704-235-2204 or roberto.scheller@ncdenr.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
44.04uw H P444.4
F161FB69A2D84A3...
Andrew Pitner, Asst. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: Janice Estep, CBC, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 28, 2022
DWR # 22-1543
Catawba County
Russell Spindler
3934 Granite Street
Terrell, NC 28682-9733
Delivered via email to russellspindler@gmail.com
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Shoreline Remediation, 3934 Granite Street, Lake Norman
Mr. Spindler:
The Division has reviewed the proposed project as described in your application dated November 1,
2022, received by the Division of Water Resources (Division) November 3, 2022. These impacts are
covered by the attached Water Quality General Certification Number 4502. This general certification is
associated with the use of U.S. Army Corps of Engineers Wilmington District's 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 or State Riparian Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
This acknowledgement is specific for the purpose and design, plans, specifications and impacts as
described in your application. 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 Letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed
impacts are described in your application:
Type of Impact
Amount of Impact
Open Waters
0.072 ac. (Dredging)
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Mooresville Regional Office within 24 hours (or the next business day
if a weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This letter is final and binding unless contested and can be contested as provided in Chapter 150E of the
North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the
North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of
the North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mooresville Office at 704-235-2204 or Roberto.Scheller@ncdenr.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
,44441w H Pzue4
F161FB69A2D84A3...
Andrew Pitner, Asst. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Enclosures: GC 4205
cc: Janice Estep, CBC, email
USACE Charlotte Regulatory Field Office, email
DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date