HomeMy WebLinkAbout20141043 Ver 1_Approval Letter_2014101047A
RCDENR
North CanJ'D@ Department nf Environment and Natural Resources
October 10, 2014
Alan LRitchie
57Q Scout Road
Salisbury, NC2OI46
John E, SkV8ria.I[|
Secretary
Nun 0 LRLI M#
Subject: Approval of 401 Water Quality Certification with Additional Conditions; Dredging
Activity, 570 Scout Road, Salisbury, High Rock Lake
Dear Mr. Ritchie,
You have our approval for the impacts listed below for the purpose described in your application dated
September 25, 2014 and received by the Division of Water Resources (Division) on September 29,
2814. 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 General
Permit Number GP19DZOOOSO issued by the U.S. Army Corps o[ Engineers and expires om the same day.
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
rmamagornent 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, the general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
genera[ conditions of the Certification are met. Please note that this approval is for
the proposed dredging activity adjacent to the subject site this approval does not
allow any other impacts including incidental imnpacts.[15A N[AC 02H .0506(b), 15A
NCAC 02H .0507(c)]
Type of Impact
Amount Approved (sq. ft.) Amount Approved (sq. ft.)
permanent temporary
Open Waters — Dredging
4,800 sq. ft. NA sq. ft.
below normal pool
Division of Water Resources -4O1&Buffer
1617 Mail Service Center, Raleigh, North Carolina 2709S1017
L000iom512N.Salisbury St Raleigh, North Carolina 27S84
PhoneA19-807-630N\ FAX: 919-807-64y4
|n0+moi: vmxwv.nuwoterqma|Ky.mrg
Ag Equa� Opportunity \ Affirmative Action Employer - Made in part by recycled paper
Alan L.Ritchie
nWew14-z043
401Appnov4L
Page aufa
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/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.
[15AN[A[02H.0502,.0506,amd.05071
1 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 shall be designed, installed and maintained property 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 ]eased
borrow pits, which are associated with the project. [154 WC4CQ2H .0508/b\(3) and
4. Sediment and erosion: control measures shall not be placed im wetlands mr waters tn
the maximum extent practicable. If placement of sediment and erosion control
measures in wetlands orwaters 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 Energy, Mineral, and Land Resources (DEK4LR)nrreleased by the
locally delegated program. [I5ANCA[O2H.0501 and .O5OZ1
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 im your application. All construction
activities, including the design, installation, operation, and maintenance of sediment
and erosion control "Best Management Praotices° shall be per-formed so that no
violations of state water quality standards, statutes, or rules occur, [ISA N[A[ 02H
.0501end.0582]
G. 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. [15A NCAC 02H .0502(e)]
7. The applicant and/0r authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project
completion. This form |s attached or available at:
This approval and its conditions are final and binding unless contested,
This Certification Authorization can be contested as provided in Articles 3 and 4ofGeneral Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings
Alan L.Ritchie
401ApPnovaL
Page scrs
(hereby known asOAH). A petition form may be obtained from the OAH et or
by calling the OAH Clerk's Office at (919) 431'3000 for information.
VVbhim sixty /GOl calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original awdone(1) copy along with any applicable OAH filing fee
is received in the OAH during mnrrna| office hours (Monday through Friday between 8:00arn and
5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at /919\ 43I-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 UJ Postal Service: If sending via delivery service (UPS, FedEx,etc):
Office mf Administrative Hearings Office of Administrative Hearings
67I4 Mail Service Center I711 New Hope Church Road
Raleigh, N[27699'G714 Raleigh, N[27bD9-6285
One (1) copy of the petition must also be served to DEN R:
John Evans, General Counsel
Department ofEnvironment and Natural Resources
16Ul Mail Service Ce,nter
Raleigh, NCZ7699-l601
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
KAH/sn
Enclosures: GC 3898, Cert. of Completion Form
cc: Karen Baldwin, ALCO4 Power Generating Inc. — email copy
USACE Asheville Regulatory Field Office
DWR MRO 401 —file copy