HomeMy WebLinkAbout20160553 Ver 1_Approval Letter_20160616Water Resources
ENVIRONMENTAL QUALITY
June 16, 2016
G. Elton Todd
1951 Gibb Shoals Rd.
Greer, SC 29650
PAT MCCRORY
Go, —
DONALD R. VAN DER VAART
Secrem y
S. JAY ZIMMERMAN
Dw.,
D WR # 16-0553
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Todd — 517 Holmes Road
Dear Mr. Todd:
You have our approval for the impacts listed below for the purpose described in your application
dated May 26, 2016, and received by the Division of Water Resources (Division) May 31, 2016,
approval has been granted for the impacts listed in the table below. This approval requires you
to follow the conditions listed in the enclosed certification(s) or general permit and any
additional conditions listed below.
Project 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 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Erosion and Sediment Control, Water
Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
Type of Impact
Amount Approved
Permanent
Above PoolBelow
Pool
Open Waters
0.01 acres
0.01 acres
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2090 US 70 Highway, S—Aa I,NOM Caroline 28778
82M96.45N
Todd -517 Holmes Road
June 16, 2016
Page 2 of 3
ADDITIONAL CONDITIONS
1. 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/Authorization. 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)/Pennit/Authorization and is responsible for complying with all
conditions.
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. The turbidity standard
of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A
NCAC 02B .0200. Appropriate sediment and erosion control practices must be usedto
meet this standard. Lake Lure is classified as B; Trout waters.
This approval and its conditions me final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAR) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAR 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 OAR
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be 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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
Todd— 517 Holmes Road
June 16, 2016
Page of3
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchellgncdem.gov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Sup -'sor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWRARO 401 files
D WR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Rulherford\401sWon-DOT\Todd- 517 Holmes Road\APRV1,401.To ld-517 Holmes Rd 6.16.2016 dose