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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