20160342 Ver 1_Approval Letter_20160419

PAT MCCRORY
t Governor
,a WI
S DONALD R. VAN DER VAART
Secretary
WaterResources ;
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Director
April 19, 2016
DWR #16-0342
Johnston County
Town of Smithfield
Attn: Paul Embler-
P.O. Box 761
Smithfield, NC 27577
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Smithfield Boating Access Area
Dear Mr. Embler:
You have our approval for the impacts listed below for the purpose described in your
application dated April 4, 2016'and received by the Division of Water Resources (Division) on
April 8, 2016. These impacts are covered by the attached Water Quality General Certification
Number 3883 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 36 once it is issued to you by the U.S. Army Corps of Engineers.
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 and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Smithfield Boating Access
DWR #16-0342
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
32 (linear feet)
0 (linear feet) _
Boat Ramp
Buffers — Zone 1
1,070 (square feet)
0 (square feet)
Boat Ramp
Buffers —Zone 2
800 (square feet)
0 (square feet)
Boat Ramp
Buffers —Zone 1
0 (square feet)
900 (square feet)
Tie -Back Installation
Buffers — Zone 2
0 (square feet)
1,015 (square feet)
Tie -Back Installation
Buffers —Zone 1
0 (square feet)
860 (square feet)
Tie -Back Installation
Buffers — Zone 2
0 (square feet)
500 (square feet)
Tie -Back Installation
2. No Waste, Spoil, Solids, or Fill of Any Kind.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including 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 rules occur. [15A NCAC 02H .0501
and .0502]
3. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If you change your project, you must notify the Division and you may
be required to submit a new application package with the appropriate fee. If the 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. [15A NCAC 02B .0507(d)(2)]

Smithfield Boating Access
DWR #16-0342
401 AND BUFFER APPROVAL
Page 3 of 4
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] 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 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], 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:
Sam Hayes, 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 DEN R-DWR — 401 & Buffer
Permitting Unit
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit

Smithfield Boating Access
DWR #16-0342
401 AND BUFFER APPROVAL
Page 4 of 4
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 and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri
Smi t 919-791-4251 or cherri.smith c ncdenr. ov if you have any questions or concerns.
Si cerel
Danny Smit
Supervisor, Water Quality,Regional Operations Section
Enclosure: GC 3883
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
Sara Sherman; NC Wildlife Resources Commission; 1720 Mail Service Center; Raleigh, NC
27699
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit