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HomeMy WebLinkAbout20221588 Ver 1_Approval Letter_20230109ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 9, 2023 DWR #22-1588 Catawba County Ned Williams 6134 Park Hill Road Charlotte, NC 28277-0151 Delivered via email to: nedwilliams@gmail.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE Williams Dredge Project, 3954 Cedar Wood Trail, WQC005522 Mr. Williams: The Division has reviewed the proposed project as described in your application dated November 7, 2022, received by the Division of Water Resources (Division) November 10, 2022. These impacts are covered by the attached Water Quality General Certification Number 4502 or 4503. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30 or 79. 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 or State Riparian Buffer regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. The following proposed impacts are covered as described in your application. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount of Impact Open Waters 0.017 acres of dredging This acknowledgement is specific for the purpose and design, plans and specifications as described in your application. 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 Letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Roberto Scheller at 704-663-1699 or roberto.scheller@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: 114441w H P:z> e4 F161 FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office cc: Janice Estep, CBC, email DWR MRO - file copy DWR 401 & Buffer Permitting Branch file NORTH Department of Emlronmentel Ovally North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000