HomeMy WebLinkAbout20160891 Ver 1_Approval Letter_20160920Water Resources
ENVIRONMENTAL QUALITY
September 20, 2016
Mike Apperson
391 Roy Carver Rd.
Semora, NC 27343
Subject:
Dear Mr. Apperson:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0891
Person County
APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
391 Roy Carver Road
You have our approval for the impacts listed below for the purpose described in your
application dated August 23, 2016 and received by the Division of Water Resources (Division)
on September 13, 2016. 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:
1. 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 — rip
150 (square feet)
0 (square feet)
rap
Above normal pool — rip
300 (square feet)
0 (square feet)
rap
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: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
391 Roy Carver Rd.
DWR #16-0891
401 APPROVAL
Page 2 of 3
2. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 8:00am 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 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
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
391 Roy Carver Rd.
DWR #16-0891
401 APPROVAL
Page 3 of 3
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 conc�~~�
Si cere ,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC3898
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
David Peninger; P.O. Box 67; Timberlake, NC 27583
DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file