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Home My WebLink About20130384 Ver 1_Approval Letter_20130422NCDEENR 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 April 22, 2013 Renee S. Hinshaw 2768 S. Jim Minor Road Haw River, NC 27258 DWQ Project # 13 -0384 Person County Subject Property: Approval of 401 Water Quality Certification with Additional Conditions 41 Swink Lane, Hyco Lake Dear Ms. Hinshaw: You have our approval for the impacts listed below for the purpose described in your application dated April 9, 2013 and received by the Division of Water Quality (Division) on April 11, 2013. The impacts are covered by General Water Quality Certification Number(s) 3898 (GC3898), allowing you to use Regional Permit 198200030 (GP30), which in this case is automatically issued by the US Army Corps of Engineers (USACE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (Units) Plan Location or Reference Below normal pool 480 (square feet) Page 3 of application Above normal pool 500 (square feet) Page 2 of application 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. Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape) 1650 Mail Service Center, Ralegh, North Carolina 27699 -1650 Phone. 919 -807.63001 FAX: 919$07 -6494 Internet http : / /portal.nodenr.orgAveb/wgAws An Equal Opportundy 1 Affirmative Action Employer 41 Swink Lane Hyco Lake DWQ #2013 -0384 401 Approval Page 2 of 3 3. Rip -Rap Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection of aquatic habitat. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR - DWQ — Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWQ— Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 6 i 41 Swink Lane Hyco Lake DWQ #2013 -0384 401 Approval Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. S' erely, Gd��, h�Danny Sm' , Survis r Surface ater Protection — Raleigh Regional Office Enclosures: GC3898 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 DWQ RRO 401 files DWQ Webscape Unit