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Home My WebLink About20121010 Ver 1_Approval Letter_20121129EHR North Carolina Department of Environment and Natural ReSOLIICeS Division of Water Qualify Beverly Eaves Perdua Chuck Wakild, P E Dee Freeman Governor Director Secretary November 29, 2012 DWQ Project # 12 -1010 Person County Lee E. Baker 5416 Monarch Birch Drive Apex, NC 27539 Subject: Approval of 401 Water Quality Certification Lee E. Baker — 312 Victor Williford Road Dear Mr. Baker: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise permanently impact 210 square feet of open water below the normal pool lake level and 1,800 square feet above the normal pool lake level, as described within your application, received by the N.C. Division of Water Quality (Division) on November 2, 2012. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3898 (GC3898), which allows you to use Regional Permit 198200030 (GP30), which in 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, Non - discharge, and other regulations. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire 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 02H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Additional Conditions of Certification: Lee E. Baker -312 Victor Williford Road Page 2 of 3 November 29, 2012 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general condition's of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved Plan location or (Units) Reference Open Water (below normal pool 300 (square feet) Page 2 of application level) Above the normal pool level 1 1,800 (square feet) Page 2 of application 2. Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection of aquatic habitat. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWQ Webscape Unit within ten days of project completion (available at: http: / /portal.ncdenr.org /web /wq /swp /ws /401 /certsandperm its /apply /forms). You can contest this Certification as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Lee E. Baker— 312 Victor Williford Road Page 3 of 3 November 29, 2012 Unless such a petition is filed, this Certification shall be final and binding. Sincerely, Karen Higgins, Supervisor Wetlands, Buffers, Stormwater — Compliance & Permitting Unit Enclosures: GC3898 cc: USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office Joel W. Powell, Design Tech Builders, Inc., PO Box 125, Roxboro, NC 27573 File Copy Filename: 121010LeeEBaker(Person )401_Approve.docx