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HomeMy WebLinkAbout20140499 Ver 1_Approval Letter_20140516May 16, 2014 Mr. Timothy Brewer 2828 Kivett Dr Greensboro, NC 28407 DWR # 14 -0449 Davidson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lot 155 Hickory Point Lakeshore Stabilization Dear Mr. Brewer: You have our approval for the impacts listed below for the purpose described in your application dated April,24, 2014, received by the Division of Water Resources (Division) May 2, 2014. These impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of Regional Permit Number 30 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 requires you to follow the conditions listed in the enclosed certification (s) or general permit and the following additional conditions: 1. 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. Impact Area Temporary /Permanent Impact Amount Open Waters Permanent 51 feet along shoreline 2. 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. Winston -Salem Regional Office Location 585 Waughtown St Winston - Salem, Noah Carolina 27107 Phone 336- 771 -50001 FAX 336 -771 -46301 Customer Service 1- 877 -623 -6748 Internet http / /portal ncdenr org /weblwq /ws An Equal Opportunity 1 Affirmative Action Employer Timothy Brewer DWR# 14 -0449 401 APPROVAL Page 2 of 3 3. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance with the North Carolina water quality standards that are applicable to lakes and reservoirs. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with the project. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands,' waters, or riparian areas beyond the footprint of the impacts depicted in the Pre - Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control "Best Management Practices" shall be performed so that no violations of state water quality standards, statutes, or rules occur. 6. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston - Salem Regional Office of the NC Division of-Water Quality at the address listed on the form. 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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 for information. 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 Timothy Brewer DWR# 14 -0449 401 APPROVAL Page 3 of 3 If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Sue Homewood at 336 - 771 -4964 or sue.homewood @ncdenr.gov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3898 cc: John Thomas, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit