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HomeMy WebLinkAbout20141061 Ver 1_Approval Letter_20141021A*WA RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 21, 2014 Allen Wilson Brantley 54BUP[mebrookTrace Kennapo|is,N[28Q83 John E. SkVarl@.III Secretary DVVR#14-106l Rowan County Subject- Approval of4O1 Water Quality Certification with Additional Conditions; Dredging/Excavation Activity, 374 Paradise Dr, Salisbury, High Rock Lake Dear Mr. Brantley, You have our approval for the impacts listed below for the purpose described in your application dated September 28, 2014 and received by the Division of Water Resources (Division) on October 7, 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 NurnberGP198Z0OOSO 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 bo the subject site. This approval does not a||ovv any other impacts including incidental impacts. [15A N[/\[ 02H Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.) permanent temporary Open Waters — Dredging 5,00 sq. ft. N/A sq. ft. below normal pool Division of Water Resources -401& Buffer Permitting Unit 1O17 Mail Service Center, Raleigh, North Carolina 270QO1O17 Lomafinn�S12N, Salisbury St. Raleigh, North Carolina 278U4 Phun&D19-8O7-630O\FAK91Q-8U7-64Q4 |nternetvmww.nuwmtexlmal&y.urg An Equal Oipportunity�Affirmative Action Employer -Made in part by recycled paper Allen Wilson Brantley ovvnw14-zo6z 401Appnox4L Page Iof3 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,and.05071 I Appropriate sediment and erosion control measures which equal or emceed 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[A[02H .0506(b)(3) and 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the rnaxinounn extent practicable. If placement of sediment and erosion cnm1mo| 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) or released by the locally delegated program. [154NCACO2H .0501 and .05021 S. No waste, spoil, adkjs, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted /nyour ap�p|icatiow. All construction activities, including the design, installation, operation, and maintenance Of sediment and erosion control "Best Management PracUces" shall be performed so that no viu|eUmos of state water quality standards, statutes, or rules occur. [I54 N[4[ 02H .05O1 and .8502] 6. 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. [15ANCACO2H.O502/eD T 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 Allen Wilson Brantley uwnw14-z05z 401APPmovAL Page so/3 (hereby known asOAH). 4 petition form may be obtained from the O4Hat or by calling the 0AH Clerk's Office at (919)431-3000 for information. Within sixty (60) ca|en!dar days of receipt of this notice, m petition must be Mhsd with the Q4H. A petition isconsidered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the 0AH during mnrrna| office hours (Monday through Friday hetvvemm 8:00arn and 5:00pm, excluding official state holidays). The petition may be faxed to the U4H at /yIg\ 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings G714 Mail Service Center 1711 New Hope Church Road Raleigh, NC27699-5714 Raleigh, N[27DO9-O2O5 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC27898-lOOl 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 sheIton.suIlivan(2ncdenr.gov if you have any questions or Enclosures: GC 3898, Cert. mf Completion Form cc: Karen Baldwin, ALCDA Power Generating Inc. —emai| copy USA[G Asheville Regulatory Field Office DVVRMRO4O1— file copy DWR 401 & Buffer Permitting Unit — file copy Filename: 141061mle^W/uoomamuey374p rauiseoan|isbw* High nomm(nnwan),.-on mn/mG_4oz