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Home My WebLink About20081833 Ver 1_Approval Letter_20090116 .' o'f W A r~;y O~ Qc. (;5 J7 - r- > - - ..., o "( Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Enviromnent and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 16, 2009 DWQ Project #08-1833 Montgomery County Mr. David L. Large 160 Mountain View Lane Troy, North Carolina 27371 Subject: Approval of 401 Water Quality Certification with Additional Conditions Residential Dredging opposite 160 Mountain View Lane, Holiday Shores SID Lake Tillery (030708, 13-(1), WS IV, B, CA) Dear Mr. Large: You have our approval, in accordance with the attached conditions and those listed below, to hydraulically dredge 0.083 acres (3,600 sq. ft.) ofthe floor of Lake Tillery below the normal pool lake level for the purpose of providing deepwater access for navigation and safety purposes. This will be accomplished through the use of a suction dredge discharging into an upland placed silt bag and settling basin, with the decant water being piped back to the lake. This work is to be completed in accordance with your application dated January 5,2009, received by the Fayetteville Regional Office on January 14, 2009. After reviewing your application, we have decided that this impact is covered by General Water Quality Certification No. 3693 (GC3693), This Certification allows you to use General Permit Number 198200030 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Non-discharge regulations. Also, this approval to proceed with your proposed project or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H,0506(h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. North Carolina Division of Water Quality/Surface Water Protection Section Nl?>Iilicarolina /Vlllurlll/!! Mailing Address 225 Green Street Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300 Fax (910) 486-0707 Customer Service 1-877-623-6748 Internet: www.ncwateraualitv.orl! An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Revised 1/14/09 Mr. David L. Large January 16, 2009 Page 2 Additional Conditions 1. The following impacts are hereby approved, as indicated in your application and supplemental information, as long as all of the other specific and general conditions of this certification are met. No other impacts are approved, including incidental impacts. Dredging of Lake Tillery, 30' x 120" area (0.083 acres), in accordance with application. 2. No Waste, Spoil, Solids, or Fill or any kind No wastes, 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, includinz the design, installation, ooeration, and maintenance of sediment and erosion control Best Management Practices shall be oerformed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface water standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwaterrouting and treatment shall be on site at all times. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Protective Fencing - The outside buffer, wetland, or water boundary, and along the construction corridor within the boundaries approved by this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the Mr. David L. Large January 16, 2009 Page 3 areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B. 0233 and GC 3404. 6. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violation of any stream standard, or other condition herein set forth, may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This Certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Ken A veritte of the Fayetteville Regional Office at (910) 433-3303. Sincerely, ~J~ ~ Coleen H. Sullins CHS/ka Enclosures: GC 3693 Certificate of Completion cc: Emily Burton, USACE Wilmington Regulatory Field Office DLR, FRO Central Files Laurie Dennison, 401/Wetlands Unit DWQ, FRO Mont.DavidLarge.08I833.40I.doc