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Home My WebLink About20141067 Ver 1_Approval Letter_20141021A�r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 21, 2014 Victor Morato 330 Waters Rd. Salisbury, NC 28146 John E. Skvarla, III Secretary DWR # 14 -1067 Rowan County Subject: Approval of 401 Water Quality Certification with Additional Conditions; Dredging /Excavation Activity, Lots 20 and 21 Waters Edge Subdivision, Salisbury, High Rock Lake Dear Mr. Morato, You have our approval for the impacts listed below for the purpose described in your application dated October 6, 2014 and received by the Division of Water Resources (Division) on October 8, 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 Number GP198200030 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 to the subject site. This approval does not allow any other impacts including incidental impacts. [15A NCAC 02H .0501 15A NCAC 02H .0507(c)] Type of Impact Amount Approved (sq. ft.) Amount Approved (sq. ft.) permanent temporary Open Waters — Dredging /Excavation 1,000 sq. ft. N/A sq. ft. below normal pool Division of Water Resources - 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807 -63001 FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper Victor Morato DWR # 14 -1067 401APPROVAL Page 2 of 3 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. [15A NCAC 02H .0502, .0506, and .05071 3. 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 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 NCAC 02H .0506(b)(3) and (c)(3)]: 4. Sediment and erosion control 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 (DEMLR) or released by the locally delegated program. [15A NCAC 02H .0501 and .05021 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. [15A NCAC 02H .0501 and .0502] 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. [15A NCAC 02H .0502(e)] 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: http: / /Portal.ncdenr.org /web /wq /swp /ws /401 /certsandpermits /apply /forms [15A NCAC 02H .0507(c)] 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 Victor Morato DWR # 14 -1067 401APPROVAL Page 3 of 3 (hereby known as OAH). A petition form may be obtained from the OAH at.http://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) 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 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 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, FedFx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 1601 Mail Service Center Raleigh, NC 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 -6361 or shelton.sullivan @ncdenr.gov if you have any questions or concerns. Sincerely, aren Higgins, Supervisor 401 & Buffer Permitting Unit KAH /sos Enclosures: GC 3898, Cert. of Completion Form cc: Karen Baldwin, ALCOA Power Generating Inc. — email copy USACE Raleigh Regulatory Field Office DWR MRO 401— file copy DWR 401 & Buffer Permitting Unit — file copy Filename: 141067VictorMoratoLts20- 21WatersEdgeSa IisburyHighRockLk(Rowan)_DREDG ING_401