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