HomeMy WebLinkAbout20231130 Ver 1_Approval Letter_20230929
North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Winston-Salem, North Carolina 27105
336.776.9800
September 29, 2023
DWR #20231130
Davidson County
Gregory Kunkleman
5561 Five Knolls Drive
Charlotte, NC 28226
Delivered via email to: greg@kululaw.com
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
1776 Beckner Road Shoreline Stabilization (Lots 19, 20, & 21 Riverwood)
Dear Mr. Kunkleman:
The Division has reviewed the proposed project as described in your application dated August 9, 2023,
received by the Division of Water Resources (Division) August 14, 2023. These impacts are covered by
the attached Water Quality General Certification (GC) 4502. This general certification is associated with
the use of U.S. Army Corps of Engineers Wilmington District’s Regional General Permit Number
198200030 or 198200079. 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
250 linear feet of Shoreline Stabilization
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 Winston-Salem 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 | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Winston-Salem, North Carolina 27105
336.776.9800
1776 Beckner Rd (Lots 19, 20, & 21 Riverwood)
DWR #20231130
401 Certification
Page 2 of 2
The permittee shall report to the Winston-Salem 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 Seren Homer at 336-776-9698 or seren.homer@deq.nc.gov if you have any
questions or concerns.
Sincerely,
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – WSRO
Enclosures: GC 4502
Electronic cc: Karen Baldwin, Eagle Creek Renewable Energy
Jennifer Lawrence, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Unit File