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HomeMy WebLinkAbout20141123 Ver 1_Approval Letter_20141028A A" 4404 Anumnowm GmAF'7 NCDENR 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