HomeMy WebLinkAbout20170035 Ver 1_Approval Letter_20170131Water Resources
ENVIRONMENTAL QUALITY
January 31, 2017
William R. Dickerson
4325 Blossom Hill Court
Raleigh, NC 27613
BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Dickerson — 947 Sagamore Drive
Dear Mr. Dickerson:
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0035
Franklin County
You have our approval for the impacts listed below for the purpose described in your application
dated January 5, 2017, received by the Division of Water Resources (Division) on January 6,
2017. These impacts are covered by the attached Water Quality General Certification Number
3883 / Buffer Rules and the conditions listed below. This certification is associated with the use
of Regional General Permit Number 197800056 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(s) or
general permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rule are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)] and 15A NCAC 02B
.0259(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Waters -above normal pool
280 (square feet)
0 (square feet)
Open Waters -below normal pool
200 (square feet)
0 square feet)
Buffers —Zone 1
280 (square feet)
0 (square feet)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919 807 6300
William R. Dickerson
DWR # 17-0035
401/Buffer APPROVAL
Page 2 of 3
2. 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)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. New boat basins (such as the one you are proposing to construct) are considered by the
Division as a modification of the existing shoreline. As such, a 50 -foot buffer that meets
the requirements of Sections (4) and (5) of 15A NCAC 02B .0259 must be established
around the newly created shoreline. You are required to establish a new buffer around
the shoreline of the basin. All associated upland development (such as parking lots,
buildings, etc.) and any new impervious surfaces shall not be located within the newly
established buffer or any existing protected buffers.
4. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer
unless specifically approved by the Division or must meet the Tar -Pamlico Riparian Buffer
Rule requirements.
5. The access corridor shall not exceed 10 ft. in width and shall be restored to its original
condition prior to the project.
6. All staging, including spoil, stockpile and construction material, shall occur outside of the
buffer.
7. All stormwater shall be directed as diffuse or sheet flow (not piped) at non-erosive
velocities through the protected lake buffer and should not re -concentrate before
discharging into the lake as identified within 15A NCAC 02B .0259(5).
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/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) within sixty (60) calendar days.
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. 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).
William R. Dickerson
DWR # 17-0035
401/Buffer APPROVAL
Page 3 of 3
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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC .0259. Please contact Jennifer
Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or
concerns.
Enclosures: GC 3883
cc: USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file