HomeMy WebLinkAbout20130808 Ver 1_Approval Letter_201308094�� l
NCDENR
North Carolina Department of Environrn°ent and, Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John ;E". Skvarla, I'll
Governor Director Secretary
August 9, 2013'
Ch00,and ,Heather Petersen
377 Sagamore,Drive
Louisburg, NC 27549
DWR # 13 -0808
IFran'klin County
Subject: APPROVAL OF 4:0i, WATER QUALITY ZERTIFICATION WITH ADDITIONAL �CONDITIONS'
AUTHORIZATION CERTIFICATE'PERTHE'TAR- PAMLICO RIVER BASIN,RIPARIAN BUFFER,
PROTECTION RULES (15A NCAC 0213 .0259) W(TH:ADDITIONAL CONDITIONS
Petersen Ldt 377
Dear Mr. and Mrs. Petersen:
You haveiour approval, for'th'e impacts listed below for the purpose 'described 1n your,application dated August
1, ,2013 and' i eceived, by the iDivision, of Water Resources (-Div.ision)',on ,August 2, 2013., The "irnpacts' are
covered bythe'attache'dGe_riera'I Water,Cival_ity Certification'Number,3885, allowing,yqu to�use Regional,
Permit 197800080 issued by the, US,Army Corps of Engineers '(USACQ. Please note that you should,get, any
other federal, state or local peri ilts,befo're;prodeeding,with, your project; includingthose required by,(but;not
limited to) Sedimentand Erosion Contr-o'l',Non- Discharge; and Water Supply'Wat'ershed regulat'io'ns.
This,approval req,uires,you to follow the; conditions listed in the enclosed,,certification and the following
additional conditions.
1. The folloWing.im,pacts are hereby ap=proved provided'thatiall'ofth'e other specific and genera'I; conditions of
,the, Certification, General Permit and /or Buffer Rules are� met:, No other impacts are approved, jncluding
incidental impacts.
Type of Impact
Amount Approved
Amount App_ roved
Permanent
Temporary
Above; normal pool —
320 ('square feet)„
o' (sq,uare feet)
seawall
N�o e Carolina
aaturallry,
North Carolina ;,Division , ofWater -,Resources 1628,MM,Service(Center- Raleigh ;,JNC,27699 =1628 Phoner(919),791 -4200
Internet W",ncwaterpualdy org Location 13800 Barlett Drive, Raleigh, NC 27609 Fax ,(919) Z88 =7159
'AmEqual Opportunity /Affirmative Action Employer- 50 %Recycled /10% Post Consumer,Paper
Pete-rsen'Lot 377'
DWR# 13 -0808
401 AND BUFFER APPROVAL
, Page 2 of 4
2. iNo 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'Bdst Management
Practices, shall be, performed so th -at no violations,of state, water quality standards, statutes, or rules
occur.
3. Protective Fencing
The outside buffer, wetland or' water boundary and along the construction corridor within ,these
boundaries approved under this authorization sha'll be clearly ,inar'.ked 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 tdanyland disturbing activiti'es,to ensure compliance with 15'NCA0C 02H.0500.
4. This ap'prova'l is for the purpose and design described in your application. The plans an -d; specifications for
,i
this project arenco rporate_d by reference as part of the Certification and,,Buffer Authorization. If you
change your project, you must notify the; Division and you maybe required to submit a new application
package with the appropriate fee. If;;theproperty,is sold, the new owner must be given!a copy ofthis
approval letter and General Certification,and. its responsible for corrip'lyingw'ith all conditions.
5. 'This approval and its, conditions °are final' and binding,unl'ess contested..
ThisCertification and Buffer Authorization can 'be contested as provided in Articles 3 and 4 of,General
Statute 15'06 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 http: / /Www.hcoah,.com/ or by
calling,the OAH Clerk's Office'at' (919) 431 -3000 for information:
Within thirty (30) calendar days,ofireceipt :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 rany applicable OAH filing fee ;is
received'in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm,
excluding official state holidays).
The petition maybe faked to the OATH,at ,(9 °19) 431 -3100; provided the�or'iginal and one copyof 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 bk'First,Class Mdd
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,- FedEk):
Office,ofAdministrati,ve 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 DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Petersen Lot 377
DWR# 13 -0808
401 AND BUFFER APPROVAL
Page 3 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and the Tar - Pamlico
Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Cherri Smith at 919 - 791 -4251 or
cherri. smith @ncdenr.gov if you have anyquestions or +concerns.
rely,
� 121 /VV
Danny Swfiith, Supervisor
Surface Water Protection = Raleigh Regional Office
Enclosure: GC 3885
cc:, U.S. Army Corps of Engineers; Raleigh Regulatory'Field Office; 3331 Heritage Trade Drive, St. 105;
Wake Forest, N'C 27597
DWQ RRO 401 files