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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 Dlre<rn. 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