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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