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Home My WebLink About20160142 Ver 1_Approval Letter_20160318WaterResources ENVIRONMENTAL QUALITY March 4, 2016 John Seitz 1644 Kriebel Mill Road Collegeville, PA 19426 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 16-0142 Montgomery County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lot 27, Allenton Ferry Section, Uwharrie Point, Badin Lake Dear Mr. Seitz: You have our approval for the impacts listed below for the purpose described in your application dated December 14, 2015, received by the Division of Water Resources (Division) February 12, 2016., These impacts are covered by the attached Water Quality General Certification Number 3898 and the conditions listed below. This certification is associated with the use of General Permit Number 198200030 once it is issued to you by the U.S. Army Corps of Engineers. 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. This approval requires you.to follow the conditions listed in the enclosed certification(s)or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Open Water 0.0062 (acres) (acres) State of North Carolina. I Environmental Quality I Water Resources 225 Green Street -Suite 7141 Fayetteville, North Carolina 28301-5045 910-433-3300 Seitz DWR# 16-0142 - 401 APPROVAL Page 2 of 3 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. 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 approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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 between 8:00am and 5:00pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: John Evans, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Seitz DWRN 16-0142 401APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chad Turlington at (910) 433-3320 or chadturlinatonpncdenr.eov if you have any questions or concerns. Sincerely, A01 Belinda S. Henson Regional Supervisor Division of Water Resources Water Quality Regional Operations Section Enclosures: GC 3898 cc: Brennan Dooley - USACE Wilmington Regulatory Field Office (via email) DWR FRO 401 file DWR 401 & Buffer Permitting Unit file (via email)