HomeMy WebLinkAbout20141091 Ver 1_Approval Letter_20141021A:# *2
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 21, 2014
David Hooper
1116 Aycock Ave.
Burlington, NC 27215
John E. Skvarla, III
Secretary
DWR #14 -1091
Person County
Subject: APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
124 Bunny Rabbit
Dear Mr. Hooper:
You have our approval for the impacts listed below for the purpose described in your application
dated October 14, 2014 and received by the Division of Water Resources (Division) on October 15,
2014. The impacts are covered by General Water Quality Certification Number 3898 (GC3898),
allowing you to use Regional Permit 198200030 (GP30) 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 are met. No other impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Below normal pool
450 (square feet)
0 (square feet)
Above normal pool
2,400 (square feet)
0 (square feet)
None Carol
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% Recycledl10% Post Consumer Paper
2. Protective Fencin
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.
Rip -Rap
Rip -rap shall be installed water ward 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 1506 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 S: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 DWR:
If sending by First Class Mail
If sending via delivery service
via the US Postal Service:
(e.g. UPS, FedEx):
Karen Higgins
Karen Higgins
NC DEN R-DWR — 401 & Buffer
NC DENR -DWR — 401 & Buffer
Permitting Unit
Permitting Unit
1617 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 -1617
Raleigh, NC 27604
This letter completes the review of the Division under 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
concerns.
o cly,
Danny Smith
Supervisor, W ter Quality Regional Operations Section
Enclosures: GC3898
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