20090238 Ver 1_Approval Letter_20090402

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 2, 2009
DWQ# 09-0238
Davidson County
Mr. Barry Hanes
175 Clara-Tom Dr.
Winston-Salem NC 27107
Mr. Chris Biesecker
597 Hickory Point Dr
Lexington NC 27292
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hanes and Mr. Biesecker:
You have our approval, in accordance with the attached conditions, excavate 0.41 acre of lake shoreline below the
normal-pool lake level for the purpose of deepening the depth of the water on the shore of High Rock Lake at your
residences on Hickory Point Dr, near Lexington, NC in Davidson County, as described in your application received by
the Division of Water Quality on March 9, 2009 and March 17, 2009. After reviewing your application, we have
determined that this activity is covered by General Water Quality Certification Number 3693, which can be viewed on
our web site at http://www.ncwaterqualiiy org/wetlands html. This Certification allows you to use Regional General
Permit Number 198200030 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any
other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this
approval will expire when the accompanying 404 permit (Regional General Permit) expires unless otherwise specified
in the General Certification.
This approval is valid only for the purpose and design that you have 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. If total fill for this project (now or in the future) exceeds one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required. as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the
additional conditions listed below:
1. The following impacts are hereby approved as long as all-other specific and general conditions of the Certification
are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Waters 0.41 acres Excavation below normal high water elevation
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 Y
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
y Natura4
Barry Hanes & Chris Biesecker
DWQ# 09-0238
April 2, 2009
Page 2 of 3
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent
version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the North Carolina
Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the
central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure
compliance with the North Carolina water quality standards that are applicable to lakes and reservoirs. These
measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including
contractor owned and leased borrow pits, which are associated with the project.
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 measures in wetlands or waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the project is completed or, if
applicable, within six months of the date that the project is released by the North Carolina Division of Land
Resources.
4. 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.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water Quality at
the address listed on the form.
If you do not accept any of the conditions of this certification, 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, N.C. 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 Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
Coleen H. Sullins, Director
O
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 File Copy