20231133 Ver 1_Approval Letter_20231012

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

October 12, 2023

DWR # 20231133
Nash County

Jeffrey Dale Hewlin
5106 Overlook Drive
Elm City, NC 27822
(via email [e-mail])

Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
5106 Overlook Drive – Piers, Docks, Boathouses

Dear Mr. Hewlin:
The Division has reviewed the proposed project as described in your application dated August 11, 2023,
received by the Division of Water Resources (Division) August 11, 2023, with payment received on
August 22, 2023. These impacts are covered by the attached Water Quality General Certification Number
4497. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington
District’s Regional General Permit Number 56 (RGP197800056). 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.
This acknowledgement is specific for the purpose and design, plans, specifications and impacts 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), 15A NCAC 02H .0506(b)]. The following proposed impacts
are described in your application:

Type of Impact

Amount Approved (units)
Permanent
Open Water
O1: Dock 398 (square feet)
O2: Boat House 393 (square feet)

If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh 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.
DocuSign Envelope ID: 13D00D39-F142-4C5F-BE08-B9494540F6D6

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

5106 Overlook Drive
DWR# 20231133
401 Certification
Page 2 of 2

The permittee shall report to the Raleigh 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 [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Joe Myers at 919-791-4256 or [e-mail] if you have any
questions or concerns.

Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Enclosures: GC 4497

cc: John R. Davis, Jr, Soil Horizons, LLC (via email: [e-mail])
Shane Staples, USACE Washington Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Unit file/Laserfiche
DocuSign Envelope ID: 13D00D39-F142-4C5F-BE08-B9494540F6D6