20121025 Ver 1_Approval Letter_20121109

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
November 9, 2012
DWQ# 12 -1025
Davidson County
Blake McWhorter
Waterford Pointe Homeowner's Association
PO Box 1974
Lexington NC 27293
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McWhorter:
You have our approval, in accordance with the attached conditions, to impact by excavation of an area
approximately 3,450 square feet of open waters for the purpose of maintaining access to High Rock Lake at
Lot 51 in Waterford Pointe Subdivision near Lexington NC in Davidson County, as described in your
application received by the Division of Water Quality on November 7, 2012. After reviewing your
application, we have determined that this activity is covered by General Water Quality Certification Number
3898, which can be viewed on our web site at
http:// www. ncwateEguality.org/ncwetlands /rd wetlands certifications.htm. This Certification allows you to
use Regional General Permit Number 198200030 when it is issued by the U.S. Army Corps of Engineers. In
addition, you should secure any other applicable federal, state or local permits before you proceed with your
project, including (but not limited to) those required by Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit
(Regional General Permit) expires unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have 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. If total fill for this project (now
or in the future) exceeds one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of the
Certification are met. No other impacts, including incidental impacts, are approved:
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX. 336 - 771 -46301 Customer Service: 1-877-623-6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
NaAMMAY
Amount Approved
Plan Location or Reference
Open Waters
Approximately 3450 square feet
Dredging/Excavation of accumulated
silt/sediment
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX. 336 - 771 -46301 Customer Service: 1-877-623-6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
NaAMMAY

Waterford Pointe HOA
DWQ# 12 -1025
November 9, 2012
Page 2 of 3
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the North Carolina water quality standards that are
applicable to lakes and reservoirs. These measures must be maintained on all construction sites, borrow
sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are
associated with the project.
3. 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 measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. 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.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston -Salem Regional Office of the NC Division of Water
Quality at the address listed on the form.
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
which conforms to Chapter 150B 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 contact Sue Homewood in the DWQ Winston -Salem Regional Office at
336 - 771 -4964 or at [e-mail].
Sincerely,
Charles Wakild, P. E., Director
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cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
DWQ Winston -Salem Regional Office
DWQ Wetlands /401 File Copy