HomeMy WebLinkAbout20130029 Ver 1_Approval Letter_20130129CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 29, 2013
DWQ# 13 -0029
Cleveland County
Mr. Don Powell
2523 Oak Grove Rd
Shelby, NC 28150
Subject Property: Shoreline Stabilization, Don Powell (2523 Oak Grove Rd) Moss Lake
Approval of 401 Water Quality Certification And Authorization Certificate (15A NCAC 2B .0243) with
Additional Conditions
Dear Mr. Powell:
You have our approval, in accordance with the general certification and those conditions listed
below, to place fill in or to otherwise impact/stabilize the following as described in your application dated
January 10, 2013:
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3898 covers the impacts (a copy can be found at:
hi!p://portal.ncdenr.org/web/wg/swp/Ws/40 1. This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter
shall also serve as your approved Authorization Certificate per 15A NCAC 2B .0243. 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) those required by Erosion and Sediment Control,
Non - Discharge, Kings Mountain, and Water Supply Watershed regulations.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location- 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807-63001 FAX: 91907 -6492
Internet: www.nmateroualkora
An Equal Opportunity i Affirmative Acton Employer
Noe Carolina
ahma!!b,
Amount Approved nits
Plan Location or Reference
Shoreline
99 feet
Rip rap
404 /CAMA Wetlands
acres
Waters
(square ft.)
Buffers —Zone 1
(square ft.
Per application
Buffers - Zone 2
(square ft.)
After reviewing your application, we have determined that N.C. Division of Water Quality (DWQ)
General Water Quality Certification Number 3898 covers the impacts (a copy can be found at:
hi!p://portal.ncdenr.org/web/wg/swp/Ws/40 1. This Certification allows you to use Regional General
Permit No. 198200030 when issued to you by the US Army Corps of Engineers (USACOE). This letter
shall also serve as your approved Authorization Certificate per 15A NCAC 2B .0243. 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) those required by Erosion and Sediment Control,
Non - Discharge, Kings Mountain, and Water Supply Watershed regulations.
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
Location- 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: 919 - 807-63001 FAX: 91907 -6492
Internet: www.nmateroualkora
An Equal Opportunity i Affirmative Acton Employer
Noe Carolina
ahma!!b,
Mr. Don Powell
January 29, 2013
Page 2
The above noted Certification will expire when the associated USACOE's 404 permit expires
unless otherwise specified in the General Certification. This approval is for the purpose and design that
you described in your application. If you change your project, you must notify this office and you may be
required to submit 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.
This approval requires you to follow the conditions listed in the attached Certification and any
additional conditions listed below.
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. Work will be conducted by land.
3. Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion
form to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 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. 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, N.C. 27699 -6714. This Certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's
decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act as described within 15A NCAC 2B .0243. If you have any questions, please telephone
Michael Burkhard at 704 - 663 -1699.
incerely,
for Charles Wakild, P.E.
cc: Karen Higgins, Wetlands Unit
DWQ 2013 -0029