HomeMy WebLinkAbout20100980 Ver 2_Approval Letter_20151124North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 24, 2015
Karen Balch
Alcoa Power Inc.
P.O. Box 576
Badin, NC 28109
Donald van der Vaart
Secretary
DWR # 10-0980V2
Stanly County
FILL 0 P
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Dutch Second Creek Access, High Rock Lake
Dear Ms. Balch,
You have our approval for the impacts listed below for the purpose described in your application dated
November 5, 2015, and received by the Division of Water Resources (Division) on November 9, 2015. These
impacts are covered by the Water Quality General Certification Number 3898 (attached) and the additional
conditions listed below. This Certification is associated with the use of Regional Permit Number 198200030
issued by the U.S. Army Corps of Engineers and expires on the same day. Please note that you should obtain
any other applicable federal, state or local permits before proceeding with your project, including those
required by (but not limited to) the local lake management authority, erosion and sediment control, non -
discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification, the 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. Please note that this approval is for the repair and stabilization of the existing shoreline
but this approval does not allow any extension of the shoreline into the lake. 15A NCAC 02H
.0506(b), 15A NCAC 02H .0507(c)
Type of Impact
Open Waters — below normal pool
Open Waters — above normal pool
Shoreline Length
Amount Approved (sq. ft.) permanent
3610 sq. ft.
1020 sq. ft.
500 sq. ft.
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
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: 704-663-1699\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper
DWR# 10-0980V2
given a copy of this approval letter and Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0506]
3. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville,
NC 28115) shall be notified in writing once construction at the approved impact areas has
commenced. [15A NCAC 02H .0502 (e)]
4. To the extent practicable, a vegetated strip along the shoreline should remain to mediate
storm water runoff to the lake.
5. All staging,*including spoil, stockpile and construction material, should occur away from the
shoreline to prevent incidental impacts to water quality.
All stormwater should be directed as diffuse or sheet flow (not piped) at non-erosive velocities
and should not re -concentrate before discharging into the lake.
The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: htto:HiDortal.ncdenr.orz/web/wa/swo/ws/401/certsandoermits/aooly/forms) or see
attached. [15A NCAC 02H .0507 (c)]
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 htto://www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431-3000 for information.
Within sixty (60) 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
DWR# 10-0980V2
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Alan
Johnson at 704-663-1699 or alan.iohnson@ncdenr.Rov if you have any questions or concerns.
Sincerely,
r
a C>cz-Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Unit—file copy