HomeMy WebLinkAbout20141123 Ver 1_Approval Letter_20141028A A"
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North Car�Ma Department nf Environment BndNato[a|RpsmUrces
October 28/2O14
Charles B.Black
8G0 Mainsail Road
Salisbury, NC28l4G
John E. SkV@rl@, III
Secretary
DVVR#l4-1123
Subject: Rowan County
Approval of 401 Water Quality Certification with Additional Conditions;
Dredging/Excavation Activity, 606A Pebble Point Subdivision, Lot 14,Salisbury,
High Rock Lake
Dear Mr. Black,
You have our approval for the impacts listed below for the purpose described in your application dated
October 20, 2014 and received by the Division of Water Resources (Division) on October 23, 2014 with
additional information received un October 28,2O14. These impacts are covered by the Water Quality
General Certification No. 3898 and the additional conditions listed below. General Certification NQ.
3898 is attached or can be found at . This
certification is associated with the use of General Permit Nu. 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 mrlocal permits before proceeding with your project, including those required
by (but not limited to) the |Oc8V lake management authority, erosion and sediment control, non-
discharge, and water supply watershed regulations,
This approval requires you tu 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
Type of impact Amount Approved (sq. ft.) Amount Approved (sq. ft.)
permanent temporary
Open Waters —
Dredging/Excavation below 2,700 sq. ft. (60 ft. x 45 ft) N/A sq, ft.
normal pool I
Division of Water Resources -401&Buffer Permitting Unit
1G17 Mail Service Center, Raleigh, North Carolina 27899-1817
Location: 512N Salisbury St. Raleigh, North Carolina 27604
PhnwV1A-807-63U0\FAKO10-807-64A4
Internet: vmmw.nowetorqaa|ityorg
An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper
Charles B. Black
ovvnw14-oz3
4014ppROv4L
Page zof3
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 this approval letter
and Certification/Authorization and is responsible for complying with all conditions.
[15AN[A[02H.0502,.0506,and.0507]
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 Monwo/sha|| be designed, installed and maintained properly to
853mn2 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 vvaStg pile (spoil) sites, including contractor owned and leased
borrow pits, which are associated with the project. /15/\ N[A[ 02H .0506/bV3\ and
4. Sediment and erosion control measures shall not be placed in wetlands or waters tO
the rnawirnurm 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 (DE&4LK) or released by the
locally delegated program. [15A NQ\C0IH .0501 and .0502]
6. 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 0[AC 02H
.Q5Dl and .O5O2l
6. The Division Mooresville Regional Office (610 East [enter Avenue, Suite 301,
Mooresville, NCZ8l1S)shall be notified in writing once construction ot the approved
impact areas has commenced. [154NC4C82H.Q5O2/eU
T The applicant and/or authorized agent shall provide a completed Certificate Of
Completion Form to the 0VVR 401 and Buffer Permitting Unit within ten days ofproject
completion. This Certificate of Completion Form is attached or available at:
This approval and its conditions are final and binding unless contested.
This Certification Authorization can be contested an provided in Articles 3 and 4ofGeneral Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings
Charles B. Black
oWR#14-zJJ
401AppnovAL
Page sof3
(hereby known as OAH). A petition form may be obtained from the OAH at Or
by calling the OAH Clerk's Office at (919) 4]1-S000 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 8:03onn and
5:00prn, 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 ma US Postal Service If sending via delivery service (UPSi FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
O7l4 Mail Service Center l711 New Hope Church Road
Raleigh, NC27699-G714 Raleigh, NC27GO9-6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
160l Mail Service Center
Raleigh, N[27699-16D1
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.sullivan2ricclenr,go if you have any questions or
1010111*401.1
Sincerely,/
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
K4H/sns
Enclosures: GC 3898, Cert. of Completion Form
cc Karen Baldwin, AL[OA Power Generating Inc. — email copy
USACERa[e|gh Regulatory Field Office
DVVRK0RO4O1 —file copy
DVVR4U1& Buffer Permitting Unit — file copy
Filename: 141123co rlesBlackPeb ule Poi nmosA Lot 4s osburyxighnvckLNnnwanLomems/mG_4oz