20140614 Ver 1_Approval Letter_20140818

ILFWA
=CC
NCDG�
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
August 18, 2014
Mr. Gary & Mrs. Pam Oakley
3016 Amick Rd
Elon NC 27244
DWR # 14 -0614
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Oakley Dam Improvement Project
Dear Mr. Oakley:
You have our approval for the impacts listed below for the purpose described in your
application dated July 1, 2014, received by the Division of Water Resources (Division) July 17,
2014, with earlier information received June 16, 2014. These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number 18 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
404/401 Wetlands
Permanent
0 05 acres
Streams
Permanent
48 linear feet
Winston -Salem Regional Office
Location 5d5 Wauartown St Winston Salem, North Carolina 27107
Phone [phone] ; FAX [phone] \ Customer Service 1 -877- 623 -6748
Internet htto ttportal -cdenr e grweb /wc,ws
Ar Equal Opportun ty'ti Affirmative Action Employer

Gary & Pam Oakley
DWR# 14 -0614
401 APPROVAL
Page 2 of 3
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.
3. Please be aware that by having impacted streams without first applying for and securing
the issuance of a 401 Water Quality Certification, you have violated Title 15A of the
North Carolina Administrative Code (NCAC) 2H 0500. Title 15A NCAC 2H 0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G S 143 -215 6A,
these violations and any future violations are subject to a civil penalty assessment of up
to a maximum of $25,000.00 per day for each violation
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: /Iwww.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
If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

Gary & Pam Oakley
DWR# 14 -0614
401 APPROVAL
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 Sue Homewood at 336 - 771 -4964 or sue [e-mail] if you have any
questions or concerns.
Sincerely,
W Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3890
cc: Worth Creech, Restoration Systems (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit