HomeMy WebLinkAbout20201165 Ver 1_Approval Letter_20200915ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Lucia Santillan
5424 Cahaba Way
Raleigh, NC 27616
NORTH CAROLINA
Environmental Quality
September 14, 2020
DWR #20201165
Franklin County
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 .0734) WITH ADDITIONAL CONDITIONS
Santillan: 579 Sagamore Drive (Parcel 020444), Lake Royale
Dear Ms. Santillan,
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 September 4, 2020
with payment received on September 10, 2020. 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 (USACE). 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 the
additional conditions listed below:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and/or Tar -Pamlico Buffer Rules are
met. No other impacts are approved, including incidental impacts.
N11H fH (:A�i(1!.INA �
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
0O'torenwmtalQ"I 919,707.9000
579 Sagamore Drive (Parcel 020444), Lake Royale
DWR# 20201165
401 & Buffer Approval Letter
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Waters -Below normal pool
01: Rip Rap
350 (square feet)
0 (square feet)
Open Waters -Above normal pool
02: Boat Slip
336 (square feet)
0 (square feet)
03: Rip Rap
300 (square feet)
0 (square feet)
Buffers -Zone 1
131: Removal of 10 trees
336 (square feet)
0 (square feet)
132: Temporary construction access
0 (square feet)
200 (square feet)
2. The permittee shall report to the DWR Raleigh Regional Office (919-791-4200) any
noncompliance with this certification, any violation of stream or wetland standards [15A
NCAC 02B .02001 including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .07341. 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.
3. Protective Fencing
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 .05021
579 Sagamore Drive (Parcel 020444), Lake Royale
DWR# 20201165
401 & Buffer Approval Letter
Page 3 of 4
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 (919) 431-3000 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:OOam and S: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 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:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
579 Sagamore Drive (Parcel 020444), Lake Royale
DWR# 20201165
401 & Buffer Approval Letter
Page 4 of 4
512 N. Salisbury Street
Raleigh, NC 27604
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 .0734. Please contact Rick
Trone at 919-707-3631 or Rick.Trone@ncdenr.gov if you have any questions or concerns.
Sincerely,
r7DocuS/ig�neeld by:
/—G�wG W, 4A4
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Enclosure: GC 4134
cc: Andrew Williams, USACE Raleigh Regulatory Field Office (via email)
Shaun Liggett, conceptcontractdesign@gmail.com
DWR 401 & Buffer Permitting Branch via Laserfiche
Filename: 201165 Santallan-Lake Royale_ 401_NBR_Franklin