HomeMy WebLinkAbout2019098 Ver 1_Approval Letter_20190912DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Robin & Jody Walker
468 Cedar Cove Lane
Fleetwood NC 28626
SPATE o
NORTH CAROLINA
Environmental Quality
September 12, 2019
DWR # 20190986
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Walker Residential Improvements
Dear Mr. & Mrs. Walker:
You have our approval for the impacts listed below for the purpose described in your application dated
July 15, 2019, received by the Division of Water Resources (Division) July 23, 2019. These impacts are
covered by the attached Water Quality General Certification Number 4139 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to
you by the U.S. Army Corps of Engineers. 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.
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. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
80 (linear feet)
0 (linear feet)
404/401 Wetlands
0.10 (acres)
0 (acres)
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. [15A NCAC 02H .0507(d)(2)]
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: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
Robin & Jody Walker
DWR# 20190986
401APPROVAL
Page 2 of 3
To ensure downstream water quality protection the permittee shall follow all instructions
provided by Tim Latham of Division of Energy, Mineral and Land Resources (DEMLR) for
installation, repair, and maintenance of erosion control measures. These measures should be
routinely inspected and properly maintained. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
4. 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.
Please be aware that by having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina
Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant
to Section 401 of the Clean Water Act whenever construction or operation of facilities will result
in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal
Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification
or coverage under a general certification required by Section 401 of the Federal Water Pollution
Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant
to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500]
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).
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.
DocuSign Envelope ID: 4860ED1 3-8471-46D2-BBD7-54726641 F28A
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Robin & Jody Walker
DWR# 20190986
401APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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,
DocuS�ig{ned by:
%/�. l . t mM tr
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Amanda Jones-Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Tim Latham, NCDEMLR (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file