20170092 Ver 1_Approval Letter_20180814

Water Resources
ENVIRONMENTAL QUALITY
August 14, 2018
DWR #17-0092 v2
Franklin County
Mike Foster
P.O. Box 505'
Bunn, NC 27508
Subject: APPROVAL OF 401 WATER QUALITY'' CERTIFICATION WITH ' ,
'ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH
ADDITIONAL CONDITIONS
Foster-Sagamore Drive, Lot 479, Lake Royale
Dear Mr. Foster:
You have our approval for the impacts listed below for the purpose described in your application and .
received by the Division of Water Resources '(Division) on July 13,,-2018 with payment received on July
17, 2018: The impacts are covered by the attached General Water Quality Certification Number 4134,
allowing you to use Regional Permit 197800080 when issued by the US Army Corps of Engineers
(USAGE): 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 and thefollowing
additional conditions:
1. 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. .
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Open Waters -Above normal pool
Backfill
116 (square feet)
0 (square feet). ;
Open Waters -Below normal,pool
Retaining Wall
116 (square feet)
0 (square feet)
"Nothing la 7_-,,,..
State of North Carolina I Environmental Quality I Water Resources I Raleigh Regional Office
1628 Mail service Center I Raleigh, North Carolina 27699-1628
010 701 MM

Foster-Sagamore Drive, Lot 479
DWR#17-0092 v2
401 AND BUFFER APPROVAL
Page 2 of 3
2. The permittee shall report to the Raleigh 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.
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. [15A NCAC 02H.0501 and .0502]
4. Protective FencinjZ
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 15 NCAC 02H
.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
6. 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 and Buffer 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 and is responsible for complying with all
conditions. [15A NCAC 02H.0501 and .0502]
5. This approval and its conditions are final and binding unless contested.
This Certification and 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). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 8:00am and 5:00pm,
excluding official state holidays).

Foster-Sagamore Drive, Lot 479
DWR #17-0092 v2
401 AND BUFFER APPROVAL
Page 3 of 3
The petition may be faxed to the OAH at [phone], 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 the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
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 DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
This letter completes the
Pamlico Riparian Buffer
9 -79 4256 or set r
incerely
awn y
Danny Smi
Supervisor,
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
of the Division under section 401 of the Clean Water Act and the Tar-
s descri din 15A NCAC 02B .0259. Please contact Stephanie Goss at
)ncde iry if you have any questions or concerns.
ater Quality Regional Operations Section
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste.
105; Wake Forest, NC 27597
DWR RRO 401 files
DWR 401 & Buffer Permitting Branch via Laserfiche
John Lesher via e-mail at jrlesher7777(&gmaii.com