HomeMy WebLinkAbout20170053 Ver 1_Approval Letter_20170126WaterResources
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Subject: Approval of 401 Water Quality Certification with Additional Conditions and
Authorization Certificate per the Tar -Pamlico Riparian Buffer Protection Rules (15A
NCAC 02B.0259)
743 Sagamore Dr., Lot #1538, Lake Royale
You have our approval for the impacts listed below for the purpose described in your application
dated January 3, 2017 and received by the Division of Water Resources (Division) on January 10,
2017. These impacts are covered by the Water Quality General Certification Number 3885
(attached), Tar -Pamlico Buffer Rules and the additional conditions listed below. This certification
is associated with the use of Regional Permit Number 197800080 issued
of Engineers and expires on the same day. Please note that you should obtain any other
applicable federal, state or local permits before proceeding with your project, including those
required by (but not limited to) the local lake management authority, erosion and sediment
control, non -discharge, and water supply watershed regulations.
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following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification and Buffer Rules are met. No other impacts are approved,
including incidental impacts. Please note that this approval is for the repair and stabilization
of the existing shoreline; this approval does not allow any extension of the shoreline into
the lake. [15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c) and 15A NCAC 02B.0243(8)]
Type of Impact
Amount Approved (sq.
Amount Approved (sq.
ft.) permanent
ft.) temporary
Open Waters — below
322 square feet
N/A
normal pool
Open Waters — above
1011 sq. ft. riprap
N/A
normal pool
(1.67 ft. x 85 ft. +
3.67 ft. x 237 ft.)
Buffers — Zone 1
1011 sq, ft.
5429 sq. ft.
State ofNorth Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1697
919 807 6300
743 Sagarnore Dr.
DWR # 17-0053
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/Authorization. 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
Certification/Authorization and is responsible for complying with all conditions. [15A NCAC
02H.0506 and 15A NCAC 02B 0243(8)]
3. Only those trees that are undermined or leaning can be removed, Minimal shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B.0243(6)]
4. Any access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition. (15A NCAC 02B .0243(6))
5. All staging, including spoil, stockpile and construction material, shall occur outside of the Tar -
Pamlico buffer. [15A NCAC 02B 024 3(4)]
6. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H .0502 and
15A NCAC 02B.0243(8))
7. The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and .0507 (c)]
All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive velocities
through the protected Tar -Pamlico buffer and should not re -concentrate before discharging
into the lake. [1 5A NCAC 02B .0243(5)]
This approval and its conditions are final and binding unless contested, This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1500 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
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and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00arn and 5:00pm, excluding official state
holidays).
743 Sagamore Dr.
DWR # 17-0053
I .. a
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,
01 N
6714 Mail Service Center
Raleigh, NC 27699-6714
Sam M. Hayes, General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
FedEx,
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
This letter completes the review of the Division under section 401 of the Clean Water Act and the
Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0243. Please contact me at
karen.higgins ncdenr.gov if you have any questions or concerns.
Sincerely,
j
dj
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Steve Poland, Phil's Quality Construction, PO Box 19, Bunn, NC 27508
USACE Raleigh Regulatory Field Office
DWR RRCs - file copy
DWR 401 & Buffer Permitting Unit — file copy
Filename: 170053 743Saga more Dr(F ran ki i n)_401