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HomeMy WebLinkAbout20170035 Ver 1_Approval Letter_201702071 Water Resources ENVIRONMENTAL QUALITY February 7, 2017 William R. Dickerson 4325 Blossom Hill Court Raleigh, NC 27613 Dickerson — 947 Sagamore Drive Dear Mr. Dickerson: PAT MCCRORY Governor 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. This Certification replaces the Certification issued on January 31, 2017 to correct the Regional General Permit and General Certification numbers. These impacts are covered by the attached Water Quality General Certification Number 3885 / Buffer Rules and the conditions listed below. This certification is associated with the use of Regional General Permit Number 197800080 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: 1. 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 D W R # 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 Certifications)/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 William R. Dickerson DWR # 17-0035 401/Buffer APPROVAL Page 3 of 3 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 via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending 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 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.burdetted)ncdenr.gov if you have any questions or concerns. Enclosures: GC 3885 cc: USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file