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HomeMy WebLinkAbout20160553 Ver 1_Approval Letter_20160616Water Resources ENVIRONMENTAL QUALITY June 16, 2016 G. Elton Todd 1951 Gibb Shoals Rd. Greer, SC 29650 PAT MCCRORY Go, — DONALD R. VAN DER VAART Secrem y S. JAY ZIMMERMAN Dw., D WR # 16-0553 Rutherford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Todd — 517 Holmes Road Dear Mr. Todd: You have our approval for the impacts listed below for the purpose described in your application dated May 26, 2016, and received by the Division of Water Resources (Division) May 31, 2016, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project 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 General Permit Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Above PoolBelow Pool Open Waters 0.01 acres 0.01 acres Sero ofNnnh Carolina I Em vO..W QV]I`Y I WMVR ..' 2090 US 70 Highway, S—Aa I,NOM Caroline 28778 82M96.45N Todd -517 Holmes Road June 16, 2016 Page 2 of 3 ADDITIONAL CONDITIONS 1. 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/Authorization. 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)/Pennit/Authorization and is responsible for complying with all conditions. 2. No Impacts Beyond those in Application 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. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be usedto meet this standard. Lake Lure is classified as B; Trout waters. This approval and its conditions me 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 OAR) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAR 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 OAR 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Todd— 517 Holmes Road June 16, 2016 Page of3 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchellgncdem.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Sup -'sor Water Quality Regional Operations Asheville Regional Office cc: David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie —NCWRC (via email) Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) DWRARO 401 files D WR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Rulherford\401sWon-DOT\Todd- 517 Holmes Road\APRV1,401.To ld-517 Holmes Rd 6.16.2016 dose