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Home My WebLink About20190825 Ver 2_Buffer Approval Letter_20191206ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER. Director December 6, 2019 Riley Eichhorn 1257 Lake Royale Louisburg, NC 27549 NORTH CAROLIN^+ Environmental Quality DWR #19-0825 v2 Franklin County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS Eichhorn: 767 Sagamore Drive Retaining Wall, Lake Royale Dear Mr. Eichhorn: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on November 6, 2019. 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 comply with the following conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0259(8)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers — Zone 2 131-Retaining Wall 700 (square feet) 0 (square feet) QW Yurtl� tarC:linii 1)epartrnesY�t ofF.nviror:znt°ntal Quality 17ivisiun of water esnuc'ces RaleighRegionalof ice 3800 Barrett T7rive l ale'i�ll�. North Carolina 27609 V".M1re�t:a emi.a�sme�xar;.9\11 4 """919.791.4200 Eichhorn: 767 Sagamore Drive Retaining Wall DWR #19-0825 v2 BUFFER APPROVAL Page 2 of 4 2. No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 213 .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the Division. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the Division. 3. 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)] 4. 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]. 5. 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)] 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 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 is responsible for complying with all conditions. 7. 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). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the Eichhorn: 767 Sagamore Drive Retaining Wall DWR #19-0825 v2 BUFFER APPROVAL Page 3 of 4 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). 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 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 the 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 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 Eichhorn: 767 Sagamore Drive Retaining Wall DWR #19-0825 v2 BUFFER APPROVAL Page 4 of 4 This letter completes the review of the Division under the Tar -Pamlico Buffer Rules as described in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss(@ncdenr gov if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file