HomeMy WebLinkAbout20180160 Ver 1_Approval Letter_20180209Water Resources w
Environmental Quality
February 9, 2018
Kyle Yoder
635 Pebble Point
Salisbury, NC 28146
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 18-0160
Rowan County
Subject: Approval (after the fact) of 401 Water Quality Certification with Additional Conditions;
Dredge, Pebble Point, High Rock Lake
Dear Mr. Yoder,
You have our approval forthe impacts listed below for the purpose described in your application dated January 19,
2018, and received by the Division of Water Resources (Division) on February 1, 2018. These impacts are covered
by the Water Quality General Certification Number4145 (attached) and the additional conditions listed below. This
Certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army Corps of
Engineers and expires on the same day. Please note that you should obtain any other applicable federal, state or
local permits before proceeding with your project, including those required by (but not limited to) the local lake
management authority, erosion and sediment control, non -discharge, and water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification, the 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), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters (dredge)
0.32 acre
Buffer
0 sq. ft.
Shoreline length
0 ft.
2. This approval is for the purpose and design described in your application. This approval does not
circumvent requirements by other reviewing authorities. 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 Certification. [15A NCAC 02H .0506 and 15A NCAC 02B .0243(8)]
--—'Nothing Compares =,.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
3. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC
28115) shall be notified in writing once construction atthe approved impact areas has commenced.
[15A NCAC 02H .0502 (e)]
4. All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive velocities
through the protected lake buffer and should not re -concentrate before discharging into the lake.
[15A NCAC 02B .0243(5)]
5. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to
the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at:
http://porta1.ncdenr,org/web/wa/swp/ws/401/certsandPermits/aDply/forms) or see attached. [15A NCAC
02H .0507 (c) and 15A NCAC 02B .0243(8)]
This approval and its conditions are 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 OAH). 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.
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 between 8:OOam and S:OOpm, 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:
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:
Bill Lane, 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. Please contact Alan
Johnson at 704-663-1699 or alan.iohnson@ncdenr.eov if you have any questions or concerns.
Sincerely,
{-s�_ W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc:
DWR MRO -file copy
DWR 401 & Buffer Permitting Branch file