HomeMy WebLinkAbout20141240 Ver 1_Approval Letter_20141223NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr Richard Berkowitz
223 Fairmont Drive
Shelby, NC 28150
John E. Skvarla, III
Secretary
December 23, 2014
DWR# 14 -1240
Cleveland County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Moss Lake Dredging
Dear Mr. Berkowitz:
You have our approval, in accordance with the general certification and those conditions
listed below, for the purpose proposed In your application received by the Division of Water
Resources (the Division) on December 18, 2014. After reviewing your application, we have
determined that this protect is covered by Water Quality General Certification Number 3898, which
can be viewed on our web site at hftp://Portal.ncdenr.org /web/wq/swp/ws/401. The General
Certification allows you to use General Regional 30 once it is issued to you by the U S. Army Corps
of Engineers (COE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non - Discharge, and Water Supply Watershed regulations
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification In addition to the requirements of the certification,
you must also comply with the following conditions:
1 The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced.
2 Approved Impacts-
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Open Water - Dredging
1.3 acres
0 acre
Wetland
0 acre.
0 acre
3 This approval is only valid for the purpose and design that you described in your application
(Sheet C1 00) and verified by Figure #1 (enclosed) If you change your protect, you must notify
us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone, 919.8073001 Internet, www ncdenr.gov
An Equal Opportunity I Affirmative Acdon Employer- Made In put by recycled paper
4. Turbidity curtains and other measures shall be utilized to reduce sediment loss and turbidity
Bare slopes located on interior /exterior slopes of sediment basins, diversion ditches and similar
measures shall be matted /protected. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
5. Stream flow should be diverted to reduce loss of sediment and reduced turbidity around the
dredging area if practicable.
6 The dredged side slopes should be shaped to prevent incision and further sloughing of the banks
upon completion of the project. These slopes may require matting for stabilization.
7. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
8. No sediment and erosion control measures, nor waste, spoil, solids, and /or fill of any kind shall be
placed in wetlands, waters, or riparian areas beyond the footprint of the impacts shown in this
approved PreConstruction Notification application. [15A NCAC 02H .0500]
9. Upon completion of the protect, the applicant shall complete and return the enclosed "Certificate
of Completion" form to the 401/Wetlands Unit of the Division
10. Continuing Compliance. The applicant (Richard Berkowitz) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of state and federal law. If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that state or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, the Division shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 21-1.0503, and provide opportunity
for public hearing in accordance with 15A NCAC 2H 0504 Any new or revised conditions shall
be provided to the applicant in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the protect.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH) A petition form may be obtained from the OAH at
htto: //www.ncoah com /or by calling the OAH Clerk's Office at (919) 431 -3000.
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, 8.00 am
to 5:00 pm, excluding state holidays)
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served on DENR as follows:
Mr. John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mad Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704 - 663 -1699 or Ms Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
for Thomas A. Reeder
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit
Dennis Terry- email
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650 This form maybe returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature-
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permttee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No
Date
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