20120441 Ver 1_Approval Letter_20120515

1
fir®
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
May 15 2012
DWQ Project # 12 0441
Person County
Gayle and James Myrick
Paul and Jean Cockman
6607 Lismore Drive
Browns Summit NC 27214
Subject Property Myrick/Cockman — 233 St George's Lane
Hyco River [030205 22 58 (0 5) WS V B]
Approval of 401 Water Quality Certification
Dear Sir or Madame
You have our approval in accordance with the attached conditions and those listed below to place fill within or
otherwise impact 54 square feet of open water below the normal pool lake level as described in your application
dated April 30 2012 and received by the Division of Water Quality (DWQ) on May 2 2012 to slow velocity of
water into Hyco Lake After reviewing your application we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3898 (GC3898) The Certification(s) allows you to use Regional
Permit 198200030 (GP30) which m this case is automatically issued by the US Army Corps of Engineers
(USACE) 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 198200030
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
The Additional Conditions of the Certification are
i Impacts Approved
O
NonehCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

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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
Amount Approved Units
Plan Location or Reference
Open Water below normal pool level
54 (square feet
Page 2 of 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 to 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) protects 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
6 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

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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
hearing 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 [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
William Cary 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
This letter completes the review of the Division of Water Quality under Section 401 of the can
you have any questions please telephone Lauren Witherspoon at 919 791 4251
nc ely
Danny S ith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Act If
Enclosures GC 3898
Certificate of Completion
cc Eric Alsmeyer — USACE Raleigh Regulatory Field Office
DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Filename 12 0441_Mynck 133 St Georges Lane—GP 30_ 401 Approval