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Home My WebLink About20131008 Ver 1_Approval Letter_20130924LTI-VA NOT A LAMA PERM H NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 24, 2013 Tod J. Brennan 3377 State Road 87 Farmdale, OH 44417 DWR # 13 -1008 Hyde County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND AUTHORIZATION CERTIFICATE PER THE TAR - PAMLCIO RIPARIAN BUFFER PROTECTION RULES (15 A NCAC 2B.0259) WITH ADDITIONAL CONDITIONS Tod J. Brennan Boathouse and Docking Facility Dear Mr. Brennan: You have our approval for the impacts listed below for the purpose described in your application dated September 16, 2013 and received by the Division of Water Resources (Division) on September 18, 2013. These impacts are covered by the attached Water Quality General Certification Number 3900 and the conditions listed below. This certification is associated with the use of CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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(s) or general permit 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) Amount Approved (units) Permanent Temporary 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807 -63001 Fax: 919 - 807 -6492 Internet: www.ncwaterouality.orq An Equal QpportunitylAffirmahve Action Employer I UVI AMAJ A TOM Tod J. Brennan DWR # 13 -1008 401 AND BUFFER APPROVAL Page 2 of 3 Open Waters 0.01 (acres) 0 (acres) Basin Dredging Open Waters 0.01 (acres) 0 (acres) Shading for Dock and Boathouse Buffer (Zone 1) 312 (square feet) 0 (square feet) Shading from Decking on Outside of Boathouse Buffer (Zone 1) 80 (square feet) 1 0 (square feet) Shading for Dock This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 3. Diffuse Flow All stormwater shall be directed as diffuse flow at non- erosive velocities through the protected stream buffers and will not re- concentrate before discharging into the stream as identified within 15A NCAC 2B.0259(5). 4. This approval and its conditions are final and binding unless contested. These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E 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.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) 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 8:00am and 5:00pm, 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Tod J. Brennan DWR # 13 -1008 401 AND BUFFER APPROVAL Page 3 of 3 Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 This letter completes the review of the Division under section 401 of the Clean Water and the Tar - Pamlico Riparian Buffer Protection Rule as described within 15A NCAC 213.0259. Please contact Anthony Scarbraugh at 252 - 948 -3924 or anthonv.scarbraueh@ncdenr.eov if you have any questions or concerns. Sincerely, Amy Adams Assistant Regional Supervisor DWR Washington Regional Office Enclosures: GC 3900 Tar- Pamlico Riparian Buffer Rules cc: Doug Huggett, DCM Morehead City David Moye, DCM WaRO Raleigh Bland, USACE Washington Regulatory Field Office (via email) DWQ WaRO 401 files Jennifer Burdette, DWR Webscape Unit