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HomeMy WebLinkAbout20230856 Ver 1_Approval Letter_20230801ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 1, 2023 DWR # 20230856 Stanly County Mike Wheeling 226 Eagle Pointe Drive Norwood, NC 28128 Delivered via email to: mnwheeling@gmail.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE WHEELING 1 226 EAGLE POINTE DR. I LAKE TILLERY Mr. Wheeling, The Division has reviewed the proposed project as described in your application dated April 26, 2023, received by the Division of Water Resources (Division) June 13, 2023. These impacts are covered by the attached Water Quality General Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit Number 30. 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 0.007 acres 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. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 D_E Noalr+cnaouNa �/ 704.663.1699 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 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Amie Hoy at amie.hoy@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: A444W H P441,1. F161FB69A2D84A3... Andrew H. Pitner, P.G. Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Electronic cc: summitconstructionllc@gmail.com Krysta Stygar, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Unit file (LaserFiche) North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NOMlH naouninD_E l 704.663.1699 CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: 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 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be 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 Permittee 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 North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115 NOMlH naouninD E f 704.663.1699