20070258 Ver 1_Approval Letter_20070504

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 4, 2007
Mr. Mark Miller
11717 Stannary Place
Raleigh, NC 27613
Subject Property:
Mark Miller
Lake Royale [030301, 28-31-(1), B, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0258
Franklin County
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions and those listed below, to fill
or otherwise impact 0.00068 acres of open waters below the normal pool lake level, 0.00034
acres of open waters below the normal pool lake level, and shade 0.0004 of open waters above
the normal pool lake level, and impact 168 square feet of Zone 1 of the Tar-Pamlico River basin
protected riparian buffer to construct two 5-foot bulkhead boathouse stabilization platforms (as
described in correspondence from your agent Jason Rivera, dated April 4, 2007, and received by
the DWQ on April 10, 2007) and 10'x16' dock and 12'x24' boathouse at the subject property,
as described within your application dated February 12, 2007, and received by the N.C. Division
of Water Quality (DWQ) on February 13, 2007, with additional information received April 10,
2007. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3626 (GC3626). The Certification(s) allows you
to use General Permit Number 80 when issued by the US Army Corps of Engineers (USAGE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected
riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA 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 1501inear 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.
401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto://h2o.enr.state.nc.us/ncwetlands
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An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper

Mr. Mark Miller
Page 2 of 3
May 4, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount A roved Units Plan Location or Reference
Shoreline-bulkhead below the normal ool lake level 0.00068 (acres A lication
Shoreline-bulkhead above the normal ool lake level 0.00034 acres A lication
0 en Water ( ond) 0.0004 (acres -shaded A lication
Zone 1Tar-Pamlico River Ri arian Protected Ri arian Buffer 168 s ware feet A lication
2. No Waste, Spoil, Solids, or Fill of Any Kind
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.
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 waters 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 Control 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 project;
5. This Office recommends considering planting native vegetation to stabilize the shoreline as an
alternative to installation of a bulkhead at the property.

Mr. Mark Miller
Page 3 of 3
May 4, 2007
6. Diffuse Flow (No Further Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream as identified within 15A NCAC
2B .0259 (5). If this is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. This may require additional approval from this
Office.
7. 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 andlor 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, N.C. 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 and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC
2B .0259. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Lauren Cobb in the DWQ Raleigh Regional Office
at 919-791-4200.
AWK/ijm
Enclosures: GC 3626
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office

Mr. Mark Miller
Page 4 of 3
May 4, 2007
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 070258MarkMiller(Franklin~01_GP80