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HomeMy WebLinkAbout20140528 Ver 1_Approval Letter_201407034� NCDETlR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 Bob Cain 5852 -B Faringdon Place Raleigh, NC 27609 John E. Skvarla, III Secretary DWR # 14 -0528 Franklin County Subject: APPROVAL OF 401 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, 105 Teepee Circle Dear Mr. Cain: You have our approval for the impacts listed below for the purpose described in your application dated May 19, 2014, received by the Division of Water Resources (Division) on May 22, 2014, with additional information received on June 19, 2014 and via email on July 3, 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: 1. 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 impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Below normal pool 640 (square feet) 0 (square feet) Above normal pool 2,036 (square feet) 0 (square feet) No e hCarol Natural North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Customer Service Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1- 877 - 623 -6748 An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper 105 Teepee Circle DWR# 14 -0528 401 AND,BUFFERAPPROVAL Page; 2% of 4_ . 2 -. No Waste, - Spoil, Solids, or Fill of Any -Kind 'No waste, spoil, solids, or fill of,any kind shall occur in wetlands, Waters, oriripa_rian areas beyond,the-footprint of the impacts depicted in,the Pre - Construction Notification. All construction activities, `inclIuding'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 Wles,occur. 3'. Protective Fencing, The outside;buffer, wetland or water boundary and along the,construction corridor within these, boundaries approved un'd`er thi's authorization shall be clearly, marked with orange warning fencing,(or similar,high visibility material) for,the areaskhat;have been -approved to infringe within the.buffer, wetland or water prior•to,any-land disturbing'activities, to, ensure 'corn Oliance,with 15, NCAG02H_.0500. . 4. This.approval is for ihe, purpose,and' desi,gn described in your application.'The,plans,and specifications qr this project are, incorporated by reference as' part of the Certification land Buffer Authorization:, If you change your- project; you must, notify the Division and you maybe 'required to submit a, new application package With-the appropriate fee. If the prgpertyis,sold; then w. ew'oner•:must,�be given a,copy,ofthis-approval letter and General Certification and is ,responsible for comply,,ing.w,ith ail conditions. 5.. This,approval and,its conditions are 'final and binding unless contested. } This Certification and.Buffer Authorizationcan 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- obtained from the OAH at;htt Wwww.ncoahxom/ or, by'caIling the,,OA'H Clerk's Office at (919) 431- 3000,for,informatiori. Within- thirty�(30) calendar days of receipt•of this notice, a petit ibn.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_ 8AOam� 'and 5:00pm„ excluding official state; holidays) The petition may be failed:to the 0AH at (919.) 431- 3'1.00,,provid'ed the original and one copy of the petition, along with any,applicable OAH filing fee is' received by the-OAH Within five (5)tu'siness, days following the faxed transmission: Mailingadddressiorthe,OAH:; f L7 105 Teepee'Circle �DW,R# 14 -0528 401 AND BUOER.APPROVAL Page 3 of 4 If sending by 'First Class Mail If sending via delivery service via the,US;Postal Serv`iee: (e.g. UPS; FedEx):, Office of Administrative Hearings Office of Administrative Hearings,, _ 6114,Mail,Service Center 117.11 New,Hope Church Road`, Raleigh, NC 27699 -6714 'Raleigh; NC,27609 -6285 One (1) copy of'the,petition mustilsoabe servedto DENR:, Lac _y4Presnell,`General Counsel r Department of Environment and ,Natural Resources 1601 Ma_ it `Servi'ce, Center Raleigh, NC°27699 -160'1 Please send one (1) copy of 'the petition to'DWR: ,If ending,by First0ass Mail If sending viq,delivery,service- via the' US Postal Service: - (e:g. U',PS, ,FedFx):. Karen. Higgins Karen Higgins NC,;DENR -DWR­Webscape Unit - NC,DENR- DWR,— Webscape Unit, 1650, Mail Service Center 512 N. Salisbury Street Raleigh, NC 27.699 -1650 Raleigh, NC 27604 This letter completesAhe °review-of-the Division under,sectiorr401,of,theLClean Water Act and the Tar-Pamlico Riparian, Buffer Rules as described in,15A „N'CAC 02&.t02-59. PI'ease,contaffCherrL 'Smith at 919 - 791 =4251 or cherri:smith @.ncdenr.gov if you'have any,ques_tionsor concerns.' Sincerely; Danny,Smith� ' SupeirVisor, , ater-Quality Regiona'I'Operations 5'ectidn� Enclosure: GC 3885 105 Teepee, Circle DWR# 14 -0528 . 401 AND'BUFFER_ APPROVAL PageA of 4 cc: U,:S. Army- Corps,.of'Engineers;'Raleigh .Regulatory Field Office;.3331'Heritage Trade Drive, St. 105,'Wake Fdresi;, NC 27597', DWR RI1 401 files ,Steve Poland; - Phil's QualityConsfruction ;P.O: Box 19; Bunn, NC 27,508