HomeMy WebLinkAbout20170849 Ver 1_Approval Letter_20170727 ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WaterResources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Director
July 27, 2017
DWR#17-0849
Person County
William and Marsha Kelly
169 Black Angus Road
Leasburg, NC 27291
Subject: APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
169 Black Angus Road, Leasburg
Dear Mr. and Mrs. Kelly:
You have our approval for the impacts listed below for the purpose described in your
application dated July 6, 2017 and received by the Division of Water Resources (Division) on
July 10, 2017. The impacts are covered by General Water Quality Certification Number 4098
(GC4098), 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 rap 160 (square feet) 0 (square feet)
Above normal pool—Rip rap 240 (square feet) 0 (square feet)
Division of Water Resources,Raleigh Regional Office,Water Quality Operations Section http://portal.nedenr.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
169 Black Angus Road (Kelly)
DWR#17-0849
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 15013 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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 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 If sending via delivery service
169 Black Angus Road (Kelly)
DWR#17-0849
401 APPROVAL
Page 3 of 3
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR-DWR-401 & Buffer NC DENR-DWR-401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any
questions or concerns.
Si cer y,
Danny Smith /
Supervisor, Water Quality Regional Operations Section
Enclosure: GC4098
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit