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HomeMy WebLinkAbout20091093 Ver 1_Approval Letter_20091020?? NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary Mr. David Cline 1630 Edgewood Rd. Bessemer City, NC 28016 Subject: 312 Old Stubbs Rd., Shoreline Stabilization, Moss Lake APPROVAL of 401 Water Quality Certification and with Additional Conditions Dear Mr. Cline: October 20, 2009 DWQ# 09-1093 Cleveland County You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to otherwise impact approximately 0.03 acre of waters for the purpose of stabilizing approximately 250 linear feet of shoreline on Moss Lake, as described in your application received on October 16, 2009. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3693, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit 198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). 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. The above noted Certification will expire when the associated USACOE's 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. All storm water shall be directed as diffuse flow at non-erosive velocities through and will not re-concentrate before discharging into the lake/stream as identified. 2. Impacts along the shoreline shall be kept to a minimum and the natural habitat preserved to the maximum extent practicable. 3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition (that Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina Phone: (704) 663-1699\Fax: (704) 663-6040\ Customer Service: 1-877-623-6748 ?atllr?llllf Internet: www.ncwateroualitv.oro .-_ _, . _.?..._.._ I. n _a.__ rnni o_.,..,.I. ANnoi D- r'-, Donor conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. Sincerely, for Coleen H. Sullins Attachments cc: Corps of Engineers Asheville Regulatory Field Office Wetlands Unit- Ian McMillan Central Files J Notice Of Initiation of Construction To be completed by DWQ 1 >l ?` Z e- DWQ Project No. County: Applicant: 1-' I f ?1 Project Name: Date of Issuance of 401 Water Quality Certification: 46- 2o-o7 Upon initiation of impacts approved by the issuance of this 401 Water Quality CertificationBuffer Authorization, the applicant is required to return this notice (condition #1 per approval) to: DWQ-SWP Section, Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Or Fax to the attention of Alan Johnson at: 704-663-6040 Applicant/Authorized Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence the approved impacts have begun to be constructed. The proposed impacts are to be installed/constructed/completed within substantial compliance and intent of the 401 Water Quality Certification/Buffer Rule Authorization, the approved plans and specifications, and other supporting materials. Date of initiation of Construction: Signature: Date:` Title: