Loading...
HomeMy WebLinkAbout20020989 Ver 2_Approval Letter_20190911DocuSign Envelope ID: AD5DDCFC-CA85-4580-ACA1-93BE52825C23 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Robert Gray Jarrett 1851 Waterford Pointe Rd Lexington NC 27292 STATE o NORTH CAROLINA Environmental Quality September 11, 2019 DWR # 20020989 v2 Davidson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lot 38 Waterford Point Shoreline Stabilization Dear Mr. Jarrett: You have our approval for the impacts listed below for the purpose described in your application dated July 29, 2019, received by the Division of Water Resources (Division) August 9, 2019. These impacts are covered by the attached Water Quality General Certification Number 4145 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 30. Please note that you should get any otherfederal, 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. This approval requires you to follow the conditions listed in the enclosed certification(s) or 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. Impact Area Temporary/Permanent Impact Amount Open Water Permanent lake stabilization 115 linear feet 2. This approval is for the purpose and design described in your application. 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 General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105 �'—�`f 336-776-9800 DocuSign Envelope ID: AD5DDCFC-CA85-4580-ACA1-93BE52825C23 Robert Gray Jarrett DWR# 20020989 v2 401APPROVAL Page 2 of 3 3. 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 NCDEQ 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. 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 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. 5. 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. 6. The permittee shall report to the Winston Salem Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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). DocuSign Envelope ID: AD5DDCFC-CA85-4580-ACA1-93BE52825C23 Robert Gray Jarrett DWR# 20020989 v2 401APPROVAL Page 3 of 3 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: William F. 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 Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, �-�'ME225CUEA... uSi?gned by: E l . 5mO tr Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 4145 cc: Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file