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Home My WebLink About20120238 Ver 1_Approval Letter_20120404A A&14 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary April 2012 DWQ Project # 12 0238 Franklin County Lake Royale POA Peter Engberg ' 9022 Lake Royale Louisburg NC 27549 Subject Property Lake Royale POA Docks Lake Royale [030301 28 31 (1) B NSW] Approval of 401 Water Quality Certification and Tar Pamlico River Buffer Rule (15A NCAC 02B 0259) Authorization Certificate with additional conditions Dear Sir You have our approval in accordance with the attached conditions and those listed below to place fill within or otherwise impact 1 715 square feet below normal pool lake level and 120 square feet of above normal pool lake level as described in your application dated March 2 2012 and received by the Division of Water Quality (DWQ) on March 6 2012 and additional information received March 28 2012 to install rip rap to prevent further erosion and construct 3 community docks After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3693 (GC3693) The Certification(s) allows you to use Regional Permit 197800080 (GP80) which in this case is automatically issued by the US Army Corps of Engineers (USACE) This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 0259 In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non discharge regulations Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire three (3) years from the date of issuance of this approval letter from the Division or on the same day as the expiration date of the corresponding Regional Permit 197800080 This approval is for the purpose and design that you described in your application If you change your project you must notify us and you may be required to send us a new application If the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below No ehCarolina Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (9 19) 791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 The Additional Conditions of the Certification are 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Type of Impact I Amount Approved Units Plan Location or Reference Open Water (below normal pool level) 1 715 (square feet) Page 2 of 2 application Above normal pool level 120 (square feet) Page 2 of 2 application 2 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 3 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the project c Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 4 Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division If placement of sediment and erosion control devices in wetlands and waters is unavoidable design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project 5 Rip rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection of aquatic habitiat Page 3 6 Diffuse Flow Plan All stormwater shall be directed as diffuse flow at non erosive velocities through the protected stream buffers and will not re concentrate before discharging into the stream as identified within 15A NCAC 2B 0259(5) or if this is not possible it is necessary to provide stormwater facilities that are considered to remove nitrogen 7 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit If you wish to contest any statement in the attached Certification you must file a petition for an administrative heanng You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 Unless such a petition is filed this Certification shall be final and binding Page 4 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the review of the No Practical Alternatives determination under 15A NCAC 2B 0259 If you have any questions please telephone Lauren Witherspoon at 919 791 4251 /J Since ly Danny Smith Surface at r Protection Section Supervisor Raleigh Regional Office Enclosures GC 3693 Certificate of Completion cc James Lastinger — USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Filename 12 0238_1-ake Royale POA Docks—GP 80_ 401_Buffer Authorization