HomeMy WebLinkAbout20120882 Ver 1_Approval Letter_20121026NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E Dee Freeman
Governor Director Secretary
October 26, 2012
Kevin R. Crutchfield
P.O. Box 1349
Concord, NC 28026
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Dixie Shores, Lot 146
Badin Lake (030708,12-(124.5), WS IV, B, CA)
DWQ Project No. 20120882
Montgomery County
Dear Mr. Crutchfield:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 0.004 acres of open water ( Badin Lake)
below the normal pool lake level for the purpose of shoreline stabilization as described in your
application received by the Division of Water Quality on September 24, 2012. We have
determined that that these impacts are covered by General Water Quality Certification No. 3898
(GC3898). This Certification allows you to use General Permit Number 198200030 when issued
by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you proceed with your
project including (but not limited to) Erosion and Sediment Control and Non - discharge
regulations. Also, this approval to proceed with your proposed project or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404
Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter
and is thereby responsible for complying with all conditions. If total fills for this project (now
or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 211.0506(h). This approval requires you
to follow the conditions listed in the attached certification and any additional conditions listed
below. ..�
225 Green StreetSurte 714— Fayetteville, North Carolina 28301 -5043
Phone 910 -433 -33001 FAX 910 -486 -07071 Customer Service 1- 877- 623 -6748
Internet, www ncwaterguallty org
An Equal Opportunity `, Affirmative Action Employer
NorthCarolina
Naturallr"
Kevin R. Crutchfield
October 26, 2012
Page 2 of 3
Additional Conditions
1. The following impacts are hereby approved, as indicated in your application and
supporting information, as long as all of the other specific and general conditions of this
certification are met. No other impacts are approved, including incidental impacts.
Placement of rip -rap below OHW, 0.004 acres, in accordance with the application,
drawings, and supplemental information.
2. No waste, Spoil, Solids, or Fill of any kind
No wastes, 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.
3. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
Protective Fencing - The outside buffer, wetland, or water boundary, and along the
construction corridor within the boundaries approved by this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have'been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B. 0233 and GC 3898.
Kevin R. Crutchfield
October 26, 2012
Page 3 of 3
6. 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 the attached Certificate of Completion to the DWQ Central Office - Wetlands, Buffers
and Stormwater Compliance and Permitting Unit at 1650 Mail Service Center, Raleigh, NC
27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 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 contact Chad Turlington of the Fayetteville
Regional Office at (910) 433 -3320.
Sincerely, n
jgt'" 'V, 9�4°•4�
fN Charles Wakild, P.E.
Enclosures: GC 3898
Certificate of Completion
cc: DLR FRO
Karen Higgins - Wetland, Buffers and Stormwater Compliance and Permitting Unit
DWQ FRO