HomeMy WebLinkAbout20090393 Ver 1_Approval Letter_20090427Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 27, 2009
DWQ Project #09-0393
Montgomery County
Ms. Leanne E. Winner and Mr. Ellis Hankins
1201 Little Lake Hill Drive
Raleigh, North Carolina 27607
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Lots 21 and 22, Woodrun (324 Fairfield Road, Troy)
Lake Tillery (030708, 13-(1), WS IV, B, CA)
Dear Ms. Winner and Mr. Hankins,
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.009 acres (375 sq. feet) of open water (Lake Tillery)
below the normal pool lake level for the purpose of constructing a retaining wall and placing
rip-rap as described in your application dated March 26, 2009, received by the Division of Water
Quality on April 9, 2009. We have determined that that these impacts are 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 projector 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.
No ehCarolina
Naturally
North Carolina Division of Water Quality/Surface Water Protection Section
Mailing Address Phone (910) 433-3300 Customer Service 1-877-623-6748
225 Green Street Suite 714 Fax (910) 486-0707 Internet: www.newaterguality.org
Fayetteville, NC 28301
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Revised 1114/09
Ms. Winner and Mr. Hankins
April 27, 2009
Page 2
Additional Conditions
1. The following impacts are hereby approved, as indicated in your application and
supporting 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.
Construction of retaining wall and placement of rip-rap below OHW, 75' x 5' _
0.009 acres, in accordance with the application and supplemental information.
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, 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.
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 stormwater routing 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
prod ect.
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
Ms. Winner and Mr. Hankins
April 27, 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.
Violations of any 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 Averitte of the Fayetteville Regional
Office at (910) 433-3303.
Sincerely,
&&r? 'W. A'yw-?
Coleen H. Sullins
CHS/ka
Enclosures: GC 3693
Certificate of Completion
cc: Emily Burton, USACE Wilmington Regulatory Field Office
DLR, FRO
Laurie Dennison, 401 /Wetlands Unit
Ian McMillan, 401 /Wetlands Unit
DWQ, FRO
Mont. Winner-Hankins. 090393.401.doc