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HomeMy WebLinkAbout20130657 Ver 1_Approval Letter_20130814NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary {August 14, 2013 DWQ # 13 -0657 reissuance 1 Alamance County i Wildlands Engineering Inc Attn; Daniel Taylor 5605 Chapel Hill Rd, Suite 122 Raleigh, NC 27569 Subject: Approval of 401 Water Quality Certification with Additional Conditions Upper Swepsonville Crib Dam Removal Dear Mr. Tayler: You have our approval for the impacts listed below for the purpose described in your application dated June 24, 2013 and received by the Division of Water Quality (Division). on June 26, 2013 subsequent information on July 23, 2013 and additional information received by the USACE on August 09, 2013. This certification shall supersede the certification issued by the Division on July23, 2013. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. The General Certification allows you to use Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. 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. 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. 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) /Permit /Authorization and is responsible for complying with all conditions. This approval requires you to follow the. conditions listed in the enclosed certification(s) or - general permit and the following additional conditions: North Carolina Division of Water Quality, Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One Phone: 336 - 771 -50001 FAX: 336- 771 - 4630.1 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterauality.org y+�y // An Equal Opportunity 1 Affirmative Action Employer Nato` allu j Wildlands Engineering Inc _DWQ# 13 -0657 reissuance 401APPROVAL Page 2 of 3 1. 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. l Type of Impact Temporary /Permanent Amount Approved (Units) Approved Impact (units) Haw River Temporary 100 linear feet UT to Haw River Temporary 50 linear feet 2. This approval is for the purpose and design described in your application. The plans and j specifications for this project are incorporated by reference as part of the Certification. 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 Certifications) /Permit /Authorization and is responsible for complying with all = conditions. ' 3. This authorization exempts the Permittee from meeting Condition #7 (dewatering) in the attached general certification for the removal of material from the Haw River. The Permittee shall take all reasonable measures to conduct the work while keeping heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4.of General' Statute 1506 by filing a written petition for an administrative hearing to the Office. of Administrative Hearings. You may obtain a petition form from the Office Of Administrative Hearings at http : / /www.ncoah.com / Or call the OAH clerk's office at (919) 431 -3000 for information: Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy along with any applicable filing fee is received in the Office of Administrative Hearings during normal office hours (Monday through .Friday between 8:00am and 5:00pm,'excluding official state holidays): The petition may faxed to the Office of Administrative Hearings at (919)431 -3100, provided the original and one copy of the petition along with any applicable filing fee is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. :I Wildlands Engineering Inc DWQ# 13 -0657 reissuance 401 APPROVAL Page 3 of 3 Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Quality under section 401 of the Clean i Water Act. Please contact Sue Homewood at 336 -771 -4964 or Sue.Homewood @ncdenr.gov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor DWQ Winston -Salem Regional Office Enclosures: GC 3885 Certificate of Completion cc: Town of Swepsonville, 2747 Darrell Newton Dr, Graham NC 27253 Andy Williams, USACE Raleigh Regulatory Field Office (via email) DWQ WSRO 401 files DWQ Webscape Unit