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