HomeMy WebLinkAbout20141060 Ver 1_Approval Letter_20141020NCDENR
North Carolina Department mfEny`r0O00eDtamaNat/G3|ResoUrCes
October 20, 2014
Scott and Carol Hay
l21D Crane View Rd
Salisbury, NC28146
John E. SkV8rl@./II
Secretary
DVVR#14-1O6O
Rowan County
Subject: Approval of401 Water Quality Certification with Additional Conditions;
Dredging/Excavation Activity, 1210 Crane View Rd, Salisbury, High Rock Lake
Dear Mr. and Ms. Hay,
You have our approval for the impacts listed below for the purpose described in your application dated
September 30\ 2014 and received by the Division of Water Resources (Division) on October 0^ 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
Nurnber(]P1982OOU30 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 amthnrity, erosion and sediment control, non-discharge, and water supply watershed
regulations.
This approval requires you tQ 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 nfthe Certification are met. Please note that this approval is for
the proposed dredging/excavation activity adjacent to the subject site. This approval
does not a!|ovv any other impacts including incidental impacts. [154 NCAC 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 -401& Buffer Permitting Unit
1817 Mail Service Center, Raleigh, North Carolina 27O0O1017
Lnoann�512N. Salisbury fXr Raleigh, North Carolina 27604
Phone: B1R-8O7-6300\ FAX A1Q-807-6494
|ntemot:mmw.ncwaterqua|itymrg
An Equal Opportunity � Affirmative Action Employer — Made in part by recycled paper
Scott and Carol Hay
owm#14+zoan
401AppnOv4L
Page Znf3
Z. 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 thiis approval letter
and Certification/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0502,.0506, and .0507]
3. Appropriate sediment and erosion control measures which equal or exceed those
outlined jn the most recent version of the North Carolina Erosion cod Sediment Control
Planning and Design &Yonua/shaU 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 82N .0505/b>(3) and
4. Sediment and erosion cUmtn3| 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 Energy, Mineral, and Land Resources /DEK4LR>orreleased by the
locally delegated program. [15ANCACO2H.0501amd.0502]
5. No waste, spoil, solids, or 0K of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint nf the impacts depicted im 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. [154 N[A[OIH
.O5O1 and .O5OZ]
6. The Division Mooresville Regional Office (610 East [enter Avenue, Suite 301~
Mooresville, NC 28115) shall be notified in writing once construction at the approved
impact areas has commenced. [15ANC4CO2H.0502(e)l
7. The applicant and/or 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 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 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings
Scott and Carol Hay
mwnwz4-108U
401xppxOvx/
Page 3 of 3
(hereby known 8sOAH).A petition form may be obtained from the [AHat or
bv calling the OAH Clerk's Office @t<918\431-]OOO for information.
Within sixty N60\ calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:08amn and
5:00pm, excluding official state holidays).
The petition may befaxed tu the OAH at (919) 431-3188, provided the original and one copy ofthe
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 LS Postal Service: If sending via delivery service (Uf�FedEx,efc):
Office of Administrative Hearings Office of Administrative Hearings
57l4 Mail Service Center 171l New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (l) copy of the petition must also be served toDENR:
John Evans, General Counsel
Department mf Environment and Natural Resources
16O1 Mail Service Center
Raleigh, N[27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act, Please
contact Shelton Sullivan at 919-807-5361 or if you have any questions or
concerns.
01 & Buffer 'rmitting Unit
Enclosures: G[3898 Cert. of Completion Form
cc: Karen Baldwin, ALCOA Power Generating Inc. — email copy
Barry Childers — email copy
U5A[E Asheville Regulatory Field Office
DVVRM R0401 —file copy
DVVR4O28, Buffer Permitting Unit — file copy
Filename: m1v*osmuCam|Hay zlocranexewnus mb"nmighwocmxoownnLumEmn/ms_4o