20081855 Ver 4_More Info Letter_20131223

NOWIFA
NCDETdR
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
December 23, 2013
DWR# 08- 1855V4
Gaston County
Mr. Michael Peoples
Town of Cramerton
155 North Main St.
Cramerton, NC28032
Subject: Catawba Riparian Buffer Authorization with Additional Conditions, Goat Island
Dear Mr. Peoples:
You have our approval, in accordance with the general certification and those conditions listed below,
for the purpose proposed in your application dated November 11, 2013, and subsequent information submitted
on December 18, 2013 and received by the Division of Water Resources (the Division) on December 5, 2013
and December 20, 2013, respectively. After reviewing your application, we have determined that this
additional impact is allowable per the Catawba Riparian Table of Uses. 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.
In addition to the requirements of the Catawba Riparian Buffer Rule, you must also comply with the
following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Buffer Zone 1
179 sq. ft.
Buffer Zone 2
84 Sq. ft.
3. This approval is only valid for the purpose and design that you 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.
4. All other conditions of the previous 401 Water Quality Certification and Buffer Authorization remain in effect
and apply to this authorization.
Wetlands Branch Permitting Unit
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX [phone]
Internet www.ncwaterauality.org
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DWR #: 08- 1855V4
5. Continuing Compliance. The applicant (Town of Cramertown) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If the
Division determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A
NCAC 2H.0507(d). Before codifying the certification, the Division shall notify the applicant and the US Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity
for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided
to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in
any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing
a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com /or by calling the OAH Clerk's
Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1) copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following
the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
This letter completes the review by the Division.. If you have any questions, please telephone Mr. Alan
Johnson in the Mooresville Regional Office at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in
Raleigh 919 - 807 -6360.
Sincerely,
r - -a, ---
for Thomas A. Reeder
cc: Karen Higgins, Wetlands Unit
MRO, Land Quality
Christine Brown, McGill Associates, P.O. Box 1136, Hickory, NC 28603