HomeMy WebLinkAbout20180668 Ver 1_Approval Letter_20180622Water Resources
ENVIRONMENTAL OUALITY
June 22, 2018
Mr. Marco Martinez
6 Swisstone Street
Medford, NY 11763
ROY COOPER
Gtmerrtar
MICHAEL S. REGAN
Scrrelnrl
S. JAY ZIMMERMAN
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DWR # 18-0668
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND TAR-PAMLICO RIPARIAN
BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS
503 Sagamore Drive, Lot 717, Lake Royale
Dear Mr. Martinez:
You have our approval for the impacts listed below for the purpose described in your application dated
May 1, 2018, received by the Division of Water Resources (Division) on May 15, 2018. These impacts are
covered by the Water Quality General Certification Number 4134, attached, the Tar -Pamlico Buffer Rules,
and the additional 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, the general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all the other specific conditions, the
general conditions of the Certification, and the Tar -Pam Buffer Rules 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 Permanent
Rip Rap — Open Waters
150 square feet (50 ft. x 3 ft.)
Below Normal Pool
Rip Rap - Open Waters
150 square feet (50 ft. x 3 ft.)
Above Normal Pool
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)]
Stale of North Carolina I Environmental Quality l Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Martinez
DW R # 18-0668
401/Buffer APPROVAL
Page 2 of 3
3. Only those trees that are undermined or leaning can be removed. Minimal shaping and sloping
along the immediate shoreline is allowed. [15A NCAC 026 .0259 (6)]
4. The construction access corridor shall not exceed 20 ft. in width and shall be restored to its original
condition prior to the project. [15A NCAC 02B .0259 (6)]
S. 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. [15A NCAC 02B.0259]
6. All staging, including spoil, stockpile and construction material, shall occur outside of the buffer.
[15A NCAC 02B.0259]
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 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 htto://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).
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 lfsending 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Martinez
DWR # 18-0668
401/Buffer APPROVAL
Page 3 of 3
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 Paul Wojoski at
Paul.WoioskiCa)ncdenr.gov if you have any questions or concerns.
Sincerely,
4"k' " &14
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Tom Moss, Shoreline Specialists via email (tbmoss@embarqmail.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
File name: 180668Martinez503SagamoreDrLakeRoyale(Franklin)_401_GC_TAR