20110717 Ver 1_Approval Letter_20140506

FFWA
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
May 6, 2013
NC Wildlife Resources Commission
Attn: Daniel Cabe
1720 Mail Service Center
Raleigh, NC 27699 -1720
•
Natural Resources
John E. Skvarla, III
Secretary
DWQ Project # 11- 0717v2
Person County
Subject Property: Approval of 401 Water Quality Certification with Additional Conditions
Hyco Afterbay Boating Access Area
Dear Mr. Cabe:
You have our approval for the impacts listed below for the purpose described in your
application dated July 28, 2011 and received by the Division of Water Quality (Division) on
August 3, 2011 with additional information received on April 8, 2013. The impacts are covered
by General Water Quality Certification Number(s) 3898 (GC3898), allowing you to use Regional
Permit 198200030 (GP30), which in this case is automatically issued by the US Army Corps of
Engineers (USACE). 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 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)
Plan Location or Reference
Below normal pool
2,500 (square feet)
Page 2 of application
Above normal pool
7,072 (square feet)
Page 2 of application
2. 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.
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (Webscape)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone' 919-807-6300 \ FAX: [phone]
Internet: http •llportal.ncdenr.org/web /wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Hyco Afterbay Boating Access
DWQ #2011- 0717v2
401 Approval
Page 2 of 3
3. Rip-Rap
Rip -rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure
protection of aquatic habitat.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 thirty (30) 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:OOam and 5:OOpm, 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 by First Class Mail
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, 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 DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWQ— Webscape Unit
1650 Mail Service Center
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWQ— Webscape Unit
512 N. Salisbury Street

H,yco Afterbay Boating Access
'DWQ #2011- 0717v2
401 Approval
Page 1& 3
t
Raleigh, NC 27699 -1650. Raleigh, NC 27604
This letter completes the review of the Division•und'er section 401 of the Clean Water Act.
Please contact Cherri Smith, .at�919- 791 -4251 or cherri.smith @ncdenr.gov,if'you have any
questions or concern's.
'Sincer ly;
4��� �v
'Danny Sm'i , Supervisor
Surface, Water'Protection — R'aleigh Regional' Office'
Enclosures: GC3898'
cc: U.-S. Army Corps of Engineers; Raleigh Regulatoryfield Office; 3331 Heritage Trade Drive, St.
105; WakeForest „NC 27597
DWQ RRO' 401 files,