HomeMy WebLinkAbout20180340 Ver 2_Approval Letter_20181221IZo1 COOPER W)R71-1 CARO -INA
Environmental Qaatily
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December 21. 2018
DWR# 18-0340V2
Lincoln County
Mr. Lawrence Mashburn
Sylvan Creek Properties, LLC
700 E. Moorhead Street, Ste. 100B
Charlotte, NC 28202
Subject: APPROVAL (corrected) of 401 Water Quality Certification with Additional Conditions
Sylvan Creek Dam Repair
Dear Mr. Mashburn:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated November 12, and received by the Division
of Water Resources (the Division) on November 15, 2018. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 4132 which can
be viewed on our web site at -itNs%d�,,(I,nc._ggviabgut/divisions/water-resou_rc_esiwater-resources-
;�etl'�ds-bufferpermitsl4t01-401 Isolated -wetlands -waters program
The General Certification allows you to use Nationwide Permit Number 3 once it is issued to you by the
U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
This approval is only valid for the purpose and design that you 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 total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. 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. 15A NCAC 02H .0506 and 15A NCAC 02H .0507
The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
State ol-North Carolina Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
3. Approved Impacts:
Type of Impact Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream 75 linear ft.
16 linear ft.
Open Water 0 acre
0.13 acre
4. The spoil from the failed dam shall be removed from the channel and the stream
restored/stabilized to the point approximately 30 ft downstream of the culvert below the dam.
Please provide a plan within 30 days of receipt of this approval. 15A NCAC 02H .0506 (b)(3) and
(c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. All conditions of the previous issued general certification remain in effect.
7. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 02B .0200
8. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401/Wetlands Branch of the Division using the following link:
https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the 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.
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, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1)
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 Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
�rn W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Tamp Bandy, Wetlands and Waters, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 this certificate to the 401 Wetland & Buffer
Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617.
This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project
engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
1, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.