HomeMy WebLinkAbout20181673 Ver 1_Approval Letter_20190107ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
January 7, 2019
Aaron Rudolf
1021 Dunleigh Court
Burlington, NC 27215
Subject:
Dear Mr. Rudolf:
NORTH CAROLINA
Environmental Quality
DWR #18-1673
Person County
APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
Rudolf -1304 Estate Road, Semora
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on December 6, 2018 with
payment received on December 11, 2018. The impacts are covered by General Water Quality
Certification Number 4145 (GC4145), 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
(units)
Permanent
Amount Approved
(units)
Temporary
Below normal pool
Rip Rap
1000 (square feet)
0 (square feet)
Dredging
2500 (square feet)
0 (square feet)
Above normal pool
Rip Rap
1000 (square feet)
0 (square feet)
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
010 701 A9Iln
Rudolf- 1304 Estate Road, Lot 25, Semora
DWR #18-1673
401 APPROVAL
Page 2 of 4
The permittee shall report to the Raleigh 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.
3. 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 and Buffer Authorization can be contested as provided in General Statute
1508 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 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street', 1617 Mail Service Center Raleigh. North Carolina 27699-1617
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Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Rudolf- 1304 Estate Road, Lot 25, Semora
DWR #18-1673
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
401APPROVAL
Page 3 of 4
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
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.
Sincerely,
605
Rick Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
01 Q 7n7 anon
Rudolf- 1304 Estate Road, Lot 25, Semora
DWR #18-1673
401 APPROVAL
Page 4 of 4
Enclosure: GC4145
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
Barney Compton/Corey Davis via e-mail at barney comptonconstruction@gmail.com
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
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