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HomeMy WebLinkAbout20140615 Ver 1_Approval Letter_20140626FTWA WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 26, 2014 Charles Richter 1143 Darius Pearce Road Youngsville, NC 27596 John E. Skvarla, I II Secretary D W R # 14 -0615 Franklin County Subject: APPROVAL OF 461 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE.PER THE TAR- PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS Lake Royale, 1225 Sagamore Drive Dear Mr. Richter: You.have our,approval for the impacts listed below for the purpose described in your application dated June 1:2, 2014, received by the Division of Water Resources (Division) on June 16, 2014. The impacts are covered by the attached General Water Quality Certification Number 3885, allowing you to use Regional, Permit 197800080 when 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: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other'i_mpacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Below normal pool - 750 (square feet) 0 (square feet) _ seawall Nose Carol X turn! North Carolina Division-0 Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone :(919) 791 -4200 Customer Service Internet www ncwaterquality org Location 3806Barrett Drive Ralcigh,.NC 27609 Fax (9.19)?788 -7159 1- 877- 623 -6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer,Paper 1,225 Sagamore,Drive DWR# 1.4 -0387 ,401,A-ND BUFFEKAPPROVAL ;Page 2 of'4 Above normal pool — 120 ,(square feet) 0 - (square feet) boat slip 2. No Waste, Spoil, 5olids, or- Fill of Any Kind No,w ste, spoil, solids, or fill,of any ki nd.shall, occurIn -OiAlands, waters, or-riparian areas beyond the footprintof'the impacts depicted in the P,'re- Construction Notification. All construction activities, includingthe 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,orwa'ter boundary and.alongthe construction corr,'idor'withih, these b-oundar.ies.approved underIth'is authorization shall b&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 toy ensure compliance-with, 15` NCAC 02H :0500. 4. This approval is,forthe,purpose and design described in, your application.,Theplans and specifications for th'is�peojectare incorporated by reference as part,of'the Certification and Buffer A uthorization. If,�you' change your project, you must,notify.the Division and you may be required'to submit a new application package with the,ap,propriate fee., Ifthe 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 Certificationand' Buffer Authorization can be contested as ,provid'ed �in Articles, 3 an'd ,4 of General Statute 1508 by filing a'written ,petition for.ari administrative hearing to the Office of Administrative 'Hea rings, (hereby .known as OAH). .A petition form May be obtained from the OAH at�http:% /www.ncoah:com /�or by calli'rig the OAH Clerk "s Office at (9,19), 4,3,1 =3000 for information., Within thirty (30) calendar,days of receipt of this notice „a petition must be filed with th -e OAH. A petition'is considered filed when'the original and one (1) copy,6iong with any applicable OAH filing, fee +is received in the OAH during norma'I office'hour "s, (Monday through, Friday between 8 ;00am and' 5:00pm,, excluding official state holidays). The petition may, "be faxed to the OAH �at x(91'9),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 1225 Sagamore Drive DWR# 14 -0387 401 „AND.BUFFER APPROVAL Page 3 of *4 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 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, Fed EX): 'Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 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. Si rely, T Danny Smi Supervisor, Water Quality Regional Operations Section Enclosure: GC 3885 1225 Sagamore Drive DWR# 14 -0387 401 AND BUFFER APPROVAL Page 4;of 4- M U.S. Army'Corps�ofEngineers; Raleigh `Regulatory Field Office; 3331 Heritage Trade Dt,iue, St. 105; Wake Forest, NC 27597 �DWR RRO 401 files Tom Peters; Tom Peters Construction, Inc.; 273 Lake Royale; Louisburg, ,NC 2,7549