HomeMy WebLinkAbout20170487 Ver 1_Approval Letter_20170530r �
Water Resources w
Environmental Quality
May 30, 2017
Hazel & Glenn Short
2506 Peeler Rd
Vale, NC 28168
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0487
Caldwell County
Subject: AUTHORIZATION CERTIFICATE PER THE CATAWBA RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0243)
WITH ADDITIONAL CONDITIONS
Hazel R & Glenn E Short — Lake Rhodhiss
Dear Mr. and Mrs. Short:
You have our approval for the impacts listed below for the purpose described in your application
dated April 7, 2017, and received by the Division of Water Resources (Division) on April 17,
2017. Please note that you should obtain 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, Water Supply Watershed, and Trout Buffer regulations. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit, and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02B .0243]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Buffers — Zone 1
Access Driveway
650 (square feet) 0 (square feet)
2. Diffuse Flow
All Stormwater must 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 [15A NCAC 02H .0506(b)(5)]
3. No Waste, Spoil, Solids, of Fill of Any Kind
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500
Hazel R & Glenn E Short
DWR# 17-0487
Buffer Approval
Page 2 of 3
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 [15A NCAC 02H
.0507 (c)]
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example — orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507(c)]
5. 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 General
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within thirty (30) 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 5: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.
Mailing address for the OAH:
If sending by First Class Mail via US
Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail via US
Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Hazel R & Glenn E Short
DWR# 17-0487
Buffer Approval
Page 3 of 3
If sending via delivery service (UPS,
FedEx, etc):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review by the Division under the Catawba Riparian Buffer Rules as
described in 15A NCAC 02B .0243. Please contact Amy Annino at 828-296-4656 or
amy.annino o ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: Certificate of Completion
cc: Wade Harmon — Duke Energy (via email)
Shelley Stevens - Caldwell County Planning Dept. (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Caldwell\40ls\Non-DOI�Hazel & Glen Short\APRVL.Hazel&GlennShort. 5.30.2017.doex