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HomeMy WebLinkAbout20140088 Ver 1_Approval Letter_20140205NCDEN r North. Carolina Department, of Environment and Natural Resources Division 'of Water Resources' Water Quality Programs Pat McCrory Thomas, A. Reeder John E: Skvarla; 'I,l Governor Director Secretary February 5;;2014, Jon and �Candy`Welch 101'Willow Branch Ct. Apex, ,NC, 27502 ,DWR # 14 -,0088 Franklin County Subject: APPROVAL IF1401 WATER QUALITY''CERTIFICATION WITH ADDITIONAL'CONDITIONS AUTHORIZATION CERTIFICATE' PER THE TAR- PAMLICO RIVER' BASIN RIPARIAN BUFFER PROTECTION RULES (1'5A NCAC 06.029% WITH AMITIONAL- CONDITIONS' Welch'Lot#1168; 107 PalominoCove Dear'Mr. and Mrs:'We`I'ch: You have our approval'forthe impacts.li's`ted 6el'owj6r'th,e purpose described'i "n,your'application dated January'9, 2014 „and received'b.ythe,'Division of Water Resources, (Division) on,January 27 2014. The,impacts are covered by`the,attached General Water Quality -Certificatiori'Number 3885, allowing you,to use Regional Permit 19r7$00080_when, issued'b,y.the _US Army Corps'of'Engi'neers (USACE�) `Please note,,.that,yo"u should,get ,Any otherfederal, state or`Iocal permits before proceeding'withyour project- jrIcluding, those- required by (but not lir•nitedto), Sedime t'and Erosion Control, .Non - Discharge, `and Water Supply Watershed regulations. This approval r- eq,uiiesyouto follow�the��conditions 'listed'in th,e enclosed, certification, and, the following additional conditions: 1: The following i_mpacts we, hereby�approved provided that all of the other specific and general conditions of the,`Certifieaticn, General; Permit and /or Buffer kules,are, met, No other,irripacts,are�appnoved, including incidental impacts: Type,dVimpact Aniourit,Approved Amount Approved (units) (units): _ Permanent Temporary Below normal,pool, T141.1 (square feet) 0 (square feet), Above lnorrnal pool 11 1(squate feet) � 2; ,404 (square feet) ' None Carolina Aatmtally North Carolina Division of water” Resources, '1628 Mad,Service, Center Raleigh; NC 276994628,Phone (919)791 -4200 Internet www ncwaterpuality org Location'3800 Barretbnve Raleigh,,',NC' 27609 Fax .(919) 788 =7159 Ah4Equal,OpportundylAffirmative Acton, Employer,- '50 %,Recycled110% Post Consumer, Paper Welch Lot 1168 DWR# 14 -0088 401 AND BUFFER APPROVAL Page 2 of,3 2. No 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 Best Management Practices, shall be performed so that 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', 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. 4. 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 and Buffer Authorization. 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. 5. This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested ,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 (hereby, known as OAH):, A petition form may 'be dbtained`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*thra(gh,Friday °between 8:00am and 5:00pm, excluding official state holidays)' The petition maybe 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 Ifsending 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 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 Welch Lot 1168 DWR# 14 -0088 401 AND BUFFER APPROVAL Page 3 of 3 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 any questions or concerns. DSi,ncrely, Danny S ith, Superviso Water Quality Regional Operations Section Enclosure: GC 3885 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 DWR RRO 401 files Grant Dickens; Dickensbuilt LLC; 7732 Fairlake Drive; Wake Forest, NC 27587