HomeMy WebLinkAbout20241047 Ver 1_Approval Letter_20240814 �6
ROY COOPER n
Governor
ELIZABETH S.BISER ` �.�* „
a=
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
August 14, 2024
DWR#20241047
Montgomery County
Bradley McLain
602 Pearl Bay Drive
New London, NC 28127
Delivered via email to: bradmclain99@gmail.com
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Heron Bay, Lot 42, 602 Pearl Bay Drive, Badin Lake
Dear Mr. McLain,
The Division has reviewed the proposed project as described in your application dated August 14, 2024,
received by the Division of Water Resources (Division)August 5, 2024, and fee received on August 5,
2024. 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.
The following proposed impacts are covered as described in your application. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount of Impacts
Open Waters 0.0092 acres
This acknowledgement is specific for the purpose and design, plans and specifications 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)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Fayetteville 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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
N40H225 Green Street,Suite 7041 Fayetteville,North Caroling 28301
r�oN� c E.i.n
o�,mm.W m e�,onmo,i� /`� 910.433.3300
McLain
DWR#20241047
401 Certification
Page 2of2
The permittee shall report to the Fayetteville 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 150B 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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Kirsten Steininger at 910-433-3339 or kirsten.steininger@deq.nc.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
CCA0697813D247D...
Chad Turlington
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC 4502
Electronic cc: DWR 401 & Buffer Permitting Unit file
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
o�Panmm ,omemai oai\ r 919.707.9000