HomeMy WebLinkAbout20140488 Ver 1_Approval Letter_20140516e�
AR
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 16, 2014
Mr. Barry Brown
PO Box 1490
Columbus, NC 28722 -1490
DWR # 14 -0448
Davidson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
337 Roth Rock Road Lakeshore Stabilization,
Dear Mr. Brown:
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
I Permanent
125 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 -Sale rn, North Carolina 27107
Phone 336 -771 -5000 \ FAX 336 - 771 -46301 Customer SeRlrce 1 -877- 623 -6748
Internet http (/portal ncdenr org /web /wgAvs
An Equal Opportunity \ Affirmative Action Employer
Barry Brown
DWR# 14 -0448
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
Barry Brown
DWR# 14 -0448
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