20181647 Ver 1_Approval Letter_20190104

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
January 4, 2019
Joshua Whitaker
2028 Simpkins Road
Raleigh, NC 27603
NORTH CAROLINA
Environmental Quality
DWR #18-1647
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Whitaker -649 Sagamore Drive, Lake Royale
Dear Mr. Whitaker:
You have our approval for the impacts listed below for the purpose described in your
application and received by the Division of Water Resources (Division) on December 3, 2018
with payment received on December 5, 2018. The impacts are covered by the attached
General Water Quality Certification Number 4134, allowing you to use Regional Permit
197800080 when 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, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
DW W
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 A7nn

Whitaker -649 Sagamore Drive
DWR #18-1647
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Waters -Above normal pool
01: Retaining Wall
66 (square feet)
0 (square feet)
02: Backfill
177 (square feet)
0 (square feet)
Open Waters -Below normal pool
01: Retaining Wall
66 (square feet)
0 (square feet)
02: Backfill
177 (square feet)
0 (square feet)
2. 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.
No Waste, Spoil, Solids, or 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 .0501
and .0502]
4. 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 to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street ; 1617 Mail Service Center Raleigh. North Carolina 27699-1617
01 Q 7n'7 Qnnn

Whitaker -649 Sagamore Drive
DWR #18-1647
401 AND BUFFER APPROVAL
Page 3 of 4
6. 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 and
Buffer Authorization. If you, change your project, you must notify the Division and you maybe
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
and is responsible for complying with all conditions. [15A NCAC 02H .0501:and .0502]
5. This approval; and its conditions are final and binding unless, contested.
This Certificatiorr anal; Buffer Authorization can be contested as provided in Articles 3. and 4 of
Gene'r'al Siatute'150B by filing a written petition for an administrative hearing to the Office of
Administrative' Hearings (hereby known as OAH)., A petition form may be obtained from the
OAH;at:http://' iiwW.ncoah.com/ or;by calling the OAH Clerk's Office at (919)'431-3000 for
informatio-n.
Within sixty-(60)1calendar days of receipt of this notice, a petition must be filed with th'e'
OAH.,.A petition is considered filed ;when the original and one (1) copy along with any
applicable OAH filing fee is receivedl, in the OAH during normal, office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state' Holidays).
The petition maybe faxed.to the OAH at [phone], 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' If sending; via delivery service
via the US Postal Service: (e.g. UPS,; FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center •1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC127609-6285
One (1) copy of the petition must also be served to'Department of Environmental Quality:
I
William F. Lane, General Counsel'
Department of Environmental; Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
as o �n7 annn
i ii

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
Whitaker -649 Sagamore Drive
DWR #18-1647
401 AND BUFFER APPROVAL
Page 4 of 4
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 and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or [e-mail] if you have any questions or
concerns.
Sincerely,
ick �Bo I i 'chLG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 files
DWR 401 & Buffer Permitting Branch via Laserfiche
Steve Poland via e-mail at [e-mail]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury'Street 11617 Mail Service Center', Raleigh, North Carolina 27699-1617
01 Q 707 anon