20170301 Ver 2_Approval Letter_20180816

NO RTHCARC")ILINA
ROY COOPER Env6omnmt'n to (Quabry
MICHAEL S.REGAhJ
LINDA CULPEPPER
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August 16, 2018
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Franklin County
Robert and Sandra Pov|ock
5UppercrossCourt
Raleigh, NC27613
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND TAR-PAMLICO RIPARIAN
BUFFER AUTHORIZATION WITH ADDITIONAL CONDITIONS
1191 Sagamore Drive, Lot 2087, Lake Royale
You have our approval for the impacts listed below for the purpose described in your application
dated March 9, 2017, received by the Division of Water Resources (Division) on March 16, 2017. The
Division received amodified application omJuly 9,2Q18which shifted the impacts but did not change
the amounts. This certification replaces the previous certification issued on May l, 2017. These
impacts are covered by the Water Quality General Certification Number 4134, attached, the Tar -
Pamlico Buffer Rules, and theadd|tiona|conditions listed below. This certification isassociated with
the use of Regional General Permit Number 197800080 once it is issued to you bythe U.S. ArmyCorps
of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, inc|udimgthoSerequiredhv(butnot|irnitedto)SedimmentandEnosiVm
Control, Nnm-0ischarAe,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:
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 NC4C82H .0506(b)] and 15/\ NC4C
02B 0259(8)]
Type of Impact Amount Approved Permanent
Bulkhead - Buffer 198 square feet (198 ft. x 1 ft)
Above Normal Pool
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1191SagarnureDrive, Lot 2087, Lake Royale
QVVR#J0l703Dlvl
4Oland Buffer Approval
Page 2mf3
Bulkhead - Open Waters 295 square feet (198 ft. x 1.5 ft.)
Below Normal Pool
Boat Slip Excavation - Buffer 720 square feet (20 ft. x 36 ft.)
Above Normal Pool
Boat Slip Excavation 720 square feet (20 ft. x 36 ft.)
Below Normal Pool
2. This approval isfor 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, |fyou change your project, yuurmustootifvthe0ivbiomandyou
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,
3. New boat basins (such on the one you are proposing to construct) are considered by the
Division asamodification Ofthe existing shoreline. Assuch, a50-h]otbuffer that meets the
requirements ofSections /4\and (5) of 15ANCA[OIB.O259must bmestablished 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 nrany
existing protected buffers.
4. Only those trees that are undermined or leaning can be removed. K4ininnoU shaping and
sloping along the immediate shoreline is allowed. [15A NCAC 02B.0259 (6)]
5. Fences are exempt provided that disturbance is minimized and the installation does not result
in the removal of forest vegetation, [15A NCAC 02B .0259 (6)]
G. The construction access corridor shall not exceed 10 ft. in width and shall be restored to its
original condition prior to the project. (15A NCAC 02B .0259 (6)]
7. 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. /15ANCA[02B.O259U
8. AN staging, including spoil, stockpile and construction material, shall occur outside of the
buffer. K15ANCACQ2B.O259l
9. All stomnwatersha|| be directed esdiffuse nrsheet flow (not piped) at non-erosive velocities
through the protected lake buffer and should not re -concentrate before discharging into the
lake asidentified within l5AN[ACQ28.0259(5).

1191SagamoreDrive, Lot 2087, Lake Royale
DvvR#2017&3O1v2
401and Buffer Approval
Page 3o/3
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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\wu0Chin sixty (60) calendar days.
A petition form may beobtained from the OAHatorby calling the OAH
Clerk's Office at(919)431-3D8Ofor information. Apetition isconsidered filed when the original mnd
one (I) copy along with any applicable OAH filing fee is received inthe OAH during nmnna( office
hours (Monday through Friday between 8:@Oannand 5:O0pnn,excluding official state hoUdays),
The petition may bafaxed to the OAHat(919)431-31O0,provided the original and one copy ofthe
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: If sending via delivery service (UPS, FedEx, etc):
Office ofAdministrative Hearings Office ofAdministrative Hearings
6714Mail Service Center 17I1New Hope Church Road
Raleigh, NC27699-G714 Raleigh, N[27G[B-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William FLane, General Counsel
Department nfEnvironmental Quality
16OlMail Service Center
Raleigh, NC27699-16O%
This letter completes the review ofthe Division under section 4Q1 of the Clean Water Act and the
Tar -Pamlico Riparian Buffer Rules axdescribed /nISANCAC.O259. Please contact Shelton Sullivan at
shelton.sullivan@ncdenr go ifyou have any questions orconcerns.
Sincerely,
Karen Higgins, Super Vsor
401 & Buffer Permitting Branch
Enclosures: GC 4134
c[: USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
File name: z7na0Mpovlockzz9z3a0amore omakenuvale(FranWin[_40z_6c_TAn