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Home My WebLink About20180819 Ver 1_Approval Letter_20180917 North Carolina Department of Environmental Quality  Division of Water Resources 2090 US 70 Highway, Swannanoa, NC 28778 828.296.4500 September 17, 2018 DWR # 18-0819 Burke County Gary and Debra Palmer 2089 Starboard Lane Connelly Springs, NC 28612 Subject: AUTHORIZATION CERTIFICATE PER THE CATAWBA RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0243) WITH ADDITIONAL CONDITIONS Palmer, 2089 Starboard Ln – Lake Rhodhiss Dear Mr. and Mrs. Palmer: You have our approval for the impacts listed below for the purpose described in your application dated June 12, 2018 and received by the Division of Water Resources (Division) on June 14, 2018 with additional information received on August 13, 2018. 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: 1. 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 Pedestrian Access Trail 120 (square feet) 0 (square feet) Buffers – Zone 2 Pedestrian Access Trail 240 (square feet) 0 (square feet) Palmer, 2089 Starboard Ln DWR# 18-0819 Buffer Approval Page 2 of 4 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 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. The permittee shall report to the Asheville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case- by-case basis. 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Palmer, 2089 Starboard Ln DWR# 18-0819 Buffer Approval Page 3 of 4 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 8:00am 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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: If sending via delivery service (UPS, FedEx, etc): Karen Higgins NC DENR-DWR – 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Karen Higgins NC DENR-DWR – 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Palmer, 2089 Starboard Ln DWR# 18-0819 Buffer Approval Page 4 of 4 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@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) Peter Minter - Burke County Planning Dept. (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Burke\Buffers\Palmer, 2089 Starboard Ln\20180917_Palmer Buffer Authorization_APRVL.docx North Carolina Department of Environmental Quality | Division of Water Resources 2090 US 70 Highway, Swannanoa, NC 28778 828.296.4500 WR Project No.: __________________ County: ____________________________________ Applicant: __________________________________________________________________________ Project Name: ______________________________________________________________________ Date of Issuance of 401 Water Quality Certification: ________________________________________ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ Agent’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ If this project was designed by a Certified Professional I, ____________________________________, as a duly registered Professional ___________ (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________________ Registration No. ________________ Date ____________________