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HomeMy WebLinkAbout20170487 Ver 1_Approval Letter_20170530r � Water Resources w Environmental Quality May 30, 2017 Hazel & Glenn Short 2506 Peeler Rd Vale, NC 28168 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 17-0487 Caldwell County Subject: AUTHORIZATION CERTIFICATE PER THE CATAWBA RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0243) WITH ADDITIONAL CONDITIONS Hazel R & Glenn E Short — Lake Rhodhiss Dear Mr. and Mrs. Short: You have our approval for the impacts listed below for the purpose described in your application dated April 7, 2017, and received by the Division of Water Resources (Division) on April 17, 2017. Please note that you should obtain 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 Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit, and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0243] Type of Impact Amount Approved Permanent Amount Approved Temporary Buffers — Zone 1 Access Driveway 650 (square feet) 0 (square feet) 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)] 3. No Waste, Spoil, Solids, of Fill of Any Kind State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 828-296-4500 Hazel R & Glenn E Short DWR# 17-0487 Buffer Approval Page 2 of 3 No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0507 (c)] 4. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example — orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507(c)] 5. 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)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This 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 thirty (30) 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:OOam and 5:OOpm, 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 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 DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail via US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Hazel R & Glenn E Short DWR# 17-0487 Buffer Approval Page 3 of 3 If sending via delivery service (UPS, FedEx, etc): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review by the Division under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0243. Please contact Amy Annino at 828-296-4656 or amy.annino o ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: Certificate of Completion cc: Wade Harmon — Duke Energy (via email) Shelley Stevens - Caldwell County Planning Dept. (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Caldwell\40ls\Non-DOI�Hazel & Glen Short\APRVL.Hazel&GlennShort. 5.30.2017.doex