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HomeMy WebLinkAbout20140213 Ver 1_Approval Letter_20140328NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E, Skvarla, III Governor Secretary March 28, 2014 DWR # 14 -0213 Rowan County Jennifer Bruce 6723 Goodman Lake Road Salisbury, NC 28146 Subject: Approval of 401 Water Quality Certification with Additional Conditions 6723 Goodman Lake Road, Salisbury, High Rock Lake Dear Ms. Bruce: You have our approval for the impacts listed below for the purpose described in your application dated March 2, 2014 and received by the Division of Water Resources (Division) on March 7, 2014 with additional information sent via email from Paul Halpin on March 26, 2014. These impacts are covered by the Water Quality General Certification Number 3898 (attached) and the additional conditions listed below. This certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army Corps of Engineers. Please note that you should obtain any other applicable federal, state or local permits before proceeding with your project, including those required by (but not limited to) the local lake management authority, erosion and sediment control, non - discharge, and water supply watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (sq. ft.) permanent Open Waters - above normal pool Not applicable Open Waters - below normal pool 3,000 sq. ft. area to be excavated (4,560 cubic feet to be removed) Division of Water Resources — 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Jennifer Bruce DWR # 14 -0213 401APPROVAL Page 2 of 3 2. This approval is for the purpose and design described in your application which includes the additional information sent via email. The plans and specifications for this project are incorporated by reference as part of the Certification /Authorization. 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 Certification /Authorization and is responsible for complying with all conditions. 3. The Division Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. 4. No additional impacts are allowed beyond those listed above and described in your application. 5. Work is to be completed by land with a track hoe and dump truck in the fall of 2014 when the lake level is lowered 8 to 10 feet for maintenance activities. This approval and its conditions are final and binding unless contested. This Certification /Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at . http: /Zwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. 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 between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one 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 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 Jennifer Bruce DWR # 14 -0213 401APPROVAL Page 3 of 3 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 under section 401 of the Clean Water Act. Please contact Shelton Sullivan at 919 - 807 -6361 or shelton.sullivan @ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: GC 3898 cc: Paul Halpin — email copy USACE Asheville Regulatory Field Office DWR MRO 401 files — email copy DWR 401 & Buffer Permitting Unit — file copy Filename: 140213JenniferBruce6723GoodmanLkRdSalisburyHighRockLk (Rowan)_401