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