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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