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Home My WebLink About20160790 Ver 1_Approval Letter_20160830 (2)Water Resources ENVIRONMENTAL QUALITY Oscar O. Vasquez P.O. Box 961 Granite Falls, NC 28630 PAT MCCRORY ca.e ' DONALD R. VAN DER VAART S-'.' y S. JAY ZIMMERMAN Dwaro, August 30, 2016 DWR # 16-0790 Caldwell County Subject: AUTHORIZATION CERTIFICATE PER THE CATAWBA RIVER BASIN RIPARIAN PROTECTION RULES (15 NCAC 02B.0243) WITH ADDITIONAL CONDITIONS Castle Bridge Marina Covered Deck and Retaining Wall Dear Mr. Vasquez: You have our approval for the impacts listed below for the purpose described in your application dated August 12, 2016, and received by the Division of Water Resources (Division) on August 16, 2016. 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, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to comply with the following conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are, met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.02431 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers—Zone 1 Impact Bl 0.033 (acres) Impact B2 0.020 acres Impact B3 0.037 (acres) 2. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] Slate 209OUS arolma I Sw= eleel orUC Wemr Resoorces 209OUS Hwy. 90 Sw296450 NonF Caroline 28]98 828 296 0 51]0 Castle Bridge Marina Covered Deck & Retaining Wall DWR# 16-06790. Buffer Approval Page 2 of 3 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/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(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 4. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 anal to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Buffer Authorization can be contested w 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) within sixty (60) calendar days. A petition form may be obtained from the OAH at hum//www.ncoah.com/ or by calling the CAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable GAD 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 (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 CAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): 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: Castle Bridge Marina Covered Deck & Retaining Wall DWRk 16-06790 Buffer Approval Page 3 of 3 Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under the Catawba Buffer Rules as described in 15A NCAC 02B .0243. Please contact Kevin Mitchell at 828-296-4650 or Kevin.nritchellkncderingov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: Certificate of Completion cc: Miles Champion — Consultant (via email) Wade Harmon — Duke Energy (via email) Granite Falls Planning Department Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) DWRARO 401 files DWR 401 and Buffer Permitting Unit (via email) G nVR\WQ\Caldwell\BaRn\Castle Bridge Marina Covered Dock\ RVL,Ceade Bridge Marina- 09.302016docx KC Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY G—. - DONALD DONALD R. VAN DER VAART se., S. JAY ZIMMERMAN D,v r WRProject No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form maybe returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification S hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: _ Date: Agent's Cerifcation 1, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, -'as; a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date ems.M,J:Cemhoe InnvLonarewl Queliry Wetm Rasourcas 1611 Mei1—ce Canter I Raleigh, NoM Caroline 27699-1611 9197079000 PAT MCCRORY co.emnr DONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QUALITY August 30, 2016 Oscar O. Vasquez P.O. Box 961 Granite Falls, NC 28630 Subject: Incident Closure Castle Bridge Marina Covered Deck and Retaining Wall NOV-2016-BV-0004 Caldwell County Dear Mr. Vasquez se—'e S. JAY ZIMMERMAN Director The Division of Water Resources approved your buffer application on August 30, 2016. This authorization is related to the Notice of Violation and Recommendation for Enforcement NOV- 2016-BV-0004. The buffer authorization has satisfactorily resolved the violations noted in the subject Notice of Violation and Recommendation for Enforcement. Your attention and cooperation is greatly appreciated. Should you have any questions regarding this matter or other water quality issues or concerns, please contact me at (828) 296-4650 or kevin.mitchell(d.ncdemnsov. Sincerely, Kevin Mitchell Environmental Specialist Water Quality Regional Operations Asheville Regional Office cc: Miles Champion— Consultant (via email) Wade Harmon — Duke Energy (via email) Granite Falls Planning Department Stan Aiken — DEMLR (via email) ARO File Copy 0.\WR\WQ\CaldWed\BRirers\Castle Bridge Marina Covered Deck\CDO.NOV-2016-BV-0004. Castle Bridge Marina.docx Slate of North Carolina I EnVlronmental Quality I Water Reswmes 2090 U.S Hwy 701 Swal ..,Nc, hCarolina 28778 8282964500