20141055 Ver 1_Approval Letter_20141020

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NCDENR
North Carolina Department n{ Environment @nd Nah/C5| Resources
Pat McCrory
Governor
October 20, 2014
Donna and David Barnes
285 Sportsman Drive
Salisbury, NC28146
John E. SKVar8, Ill
Secretary
DWR#14-l855
Rowan County
Subject; Approval of 401 Water Quality Certification with Additional Condition�
Dredginr/Encavat|onActh/ity 285 Sportsman Drive, Salisbury, High Rock Lake
You have our approval for the impacts listed below for the purpose described in your application dated
September 29, 2014 and received by the Division of Water Resources (Division) on October 6, 2014.
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
NurmberGP1982OOQ3O issued by the U.S. Army Corps of Engineers and expires on 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
management 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
general conditions of the Certification are met. Please note that this approval is for
the proposed dredging/excavation activity adjacent tmthe subject site. This approval
does not allow any other impacts including incidental impacts-[154 NCA[ 02H
Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.)
permanent temporary
Open Waters — Dredging 5,445 sq. ft. (0.125 acres) N/A sq. ft.
below normal pool
Division of Water Resources — 40 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St, Raleigh, North Carolina 27604
Phone: [phone] � FAX: [phone]
]ntemet:mmwomaterquu|dy,org
An Equal Opportumty � Affirmative Action Employer - Made in part by recycled paper

Donna and David Barnes
oWn#z+1Uss
401mppRovAL
Page 2vrJ
2. This approval is for the purpose and design described in your eppUcabon. 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.
[1S4NCA[O2H.O5O2,.Q506, and .O5O7l
3. Appropriate sediment and erosion control measures wvhiich 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 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. [15A N[AC OZH .0506(b)(3) and
4. Sediment and erosion control measures shall not be placed in wetlands or waters to
the rn3mjmmurn extent practicable. if placement of sediment and erosion control
measures in wetlands or waters is unavoidable, they shall he 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 ([}EK4LR) or released by the
locally delegated program. [15A NC4[D2H .0501 and .0502]
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 your application. 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. [15/\ NCAC 02H
.D5O1 and .0SOl]
6. The Division Mooresville Regional Office (610 East Center Avenue, Suite 301,
Mooresville, N[ 28I15) shall be notified in writing once construction at the approved
impact areas has commenced. {l54NQ4CO2H.O5Q2(e)]
7. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the0WR 40l and Buffer Permitting Unit within ten days of project
completion. This fomm is 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

Donna and David Barnes
mWx#14-xoss
401 APPROVAL
Page 3wf3
(hereby known asOAH\. A petition form may be obtained from the OAHat. or
by calling the OAH Clerk's Office 3t(919)431-3000 for information.
Within sixty H60\ calendar days of receipt of this notice, a petition must be filed with the 84H. A
petition isconsidered 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 Q:QQamm and
5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], 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 U8 Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
67I4 Mail Service Center I712 New Hope Church Road
Raleigh, NC27699-O7l4 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
16O1 Mail Service Center
Raleigh, N[27699-16Ol
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Shelton Sullivan at 919-8K07~536I or if you have any questions or
concerns.
alren Higgins, Supervisor
401 & Buffer Permitting Unit
Enclosures: GC 3898, Cert. of Completion Form
cc: Kamen Baldwin, ALCOA Power Generating Inc. — email copy
Barry Childers — email copy
USACEAahevil8e Regulatory Field Office
DVVRMRO4Ol— file copy
DVVR4QlQ' Buffer Permitting Unit —file copy
Filename: zoaos mnmun,meums puusma"onves nsbumwighxockuNnowanLoneus/ms_4o1