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
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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
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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