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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