HomeMy WebLinkAbout20130012 Ver 1_Approval Letter_20130122WUNEWAR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvada, III
Governor Director Secretary
January 22, 2013
Cecil Barker
PO Box 1133
Roxboro, NC 27513
DWQ Project # 13 -0012
Person County
Subject Property: Approval of 401 Water Quality Certification with Additional Conditions
Lot # 15 Hyco Trails Phase II
Dear Mr. Barker:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise permanently impact 1,560 square feet of open water below the normal pool lake
level and 2,340 square feet above the normal pool lake level, as described within your application
received by the N.C. Division of Water Quality (Division) on January 7, 2013. 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 upon expiration of the 404
or CAMA Permit.
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.
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
Amount Approved (Units)
Plan Location or Reference
Open water
(below normal pool)
1,560 (square feet)
Page 2 of application
Above normal pool
2,340 (square feet)
Page 2 of application
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone: 919-807 -63001 FAX: 919-807.6494
Internet: httpl /portal.nodencorg/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Lot # 15 Hyco Trails Phase II
Page 2 of 2
1 January 22, 2013
2. 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.
3. Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection
of aquatic habitat.
4. Certificate of Completion
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: //porta I.ncdenr.org/web /wa /swp /ws /401 /certsand perm its /a pply /forms).
You can contest this Certification 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. 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
8:00am and 5:00pm, 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: Lacy Presnell, General Counsel, DENR, 1601
Mail Service Center, Raleigh, NC 27699 -1601.
Unless such a petition is filed, this Certification shall be final and binding.
Sincerely, 4
Karen Higgins, Supe sor
Wetlands, Buffers, Stormwater —Compliance & Permitting Unit
Enclosures: GC3898
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Filename: 130012CecilBarkerLotlS (Person)401.doa