20160459 Ver 1_Approval Letter_20160523

Water Resources
ENVIRONMENTAL QUALITY
May 23, 2016
Ms. Melissa Patton
Carolina Land & Lakes
P.O. Box 2977
Lenoir, NC 28645
PAT MCCRORY
Govemar
DONALD R. VAN DER VAART
Socrelmy
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Shuford Dam Removal Project
Dear Ms. Patton:
S. JAY ZIMMERMAN
DoYcl.r
DWR# 16-0459
Catawba County
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated May 5, 2016, and received by the Division of
Water Resources (the Division) on May 10, 2016. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3885 which can be viewed on
our web site at http://Portal.ncdenr.org/web/wa/swo/ws/401. The General Certification allows you to use
Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers (COE).
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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a new
application for a new Certification. If the property is sold, the new owner must be given a copy of
the Certification and approval letter; and is thereby responsible for complying with all conditions.
15A NCAC 02H.0506 and 15A NCAC 02H.0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H.0502 (e)]
3. Approved Impacts:
Type of Impact Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream 0 linear ft.
482 linear ft.
Wetland 0 acre
0 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. 15A NCAC 02H.0506(b)(3)
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

6. The permittee shall report any violations of this Certification to the Division of Water Resources
within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by
filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/or by calling
the OAH Clerk's Office at [phone].
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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, 8:00 am to 5:00 pm, excluding
state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1) 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 Rd.
Raleigh, NC 27699-6714
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If you
have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
W
Fsv W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: David Brown, Army Corps of Engineers, Asheville (email)
Amber Coleman, Stantec, [e-mail]
Karen Higgins, Wetlands Unit
MRO, Land Quality