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Home My WebLink About20190042 Ver 1_Approval Letter_20190215DWR #19-0042 Chatham County North Carolina Wild lifeAesources.Commission Attn: Michael Leggett 1720 Mail Service .Center Raleigh, NC 27699 Subject: AUTHORIZATiON'CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY' WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC, 0213.0267) WITH ADDITIONAL CONDITIONS Little Beaver Creek Public Fishing Access Dear Mr. Leggett: You have our approval for the. impacts listed, below for the purpose'described in your application'received by Division of Water Resources (Division) on January 7, 2019. 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 re'guIations.'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 Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0267(11)1. Type of Impact Amount Approved ' ('units) • Permanent Amount Approved (units) Temporary Buffers'— Zone 1 Ploy COOPER 131-Walkway/Abutment 173 ('square feet) MICHAEL S. REGAN . Sacretrxry` 215 (square feet) LINDA CULPEPPER r ORITH CAROLINA Director Environmental Quality , February 15, -2019 0 (square feet) DWR #19-0042 Chatham County North Carolina Wild lifeAesources.Commission Attn: Michael Leggett 1720 Mail Service .Center Raleigh, NC 27699 Subject: AUTHORIZATiON'CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY' WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC, 0213.0267) WITH ADDITIONAL CONDITIONS Little Beaver Creek Public Fishing Access Dear Mr. Leggett: You have our approval for the. impacts listed, below for the purpose'described in your application'received by Division of Water Resources (Division) on January 7, 2019. 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 re'guIations.'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 Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0267(11)1. Type of Impact Amount Approved ' ('units) • Permanent Amount Approved (units) Temporary Buffers'— Zone 1 131-Walkway/Abutment 173 ('square feet) 0 (square feet) B2-Gradi,ng for Walkway 0 (square feet) 215 (square feet) Buffers - Zone 2* B3 -Walkway 1 105 (square feet) 0 (square feet) 4;% North C wolf a (. epartn+ent cif t:nvir'onnse;,tal Quality Div°sioit of 4Vater- Rexcxirccs r✓� 1:a1e1c;h i;r. aaianat C)`ficc 3tS{?{) Sarr'r tt Drive ltal ic11t, Noi't1' C:'ac:cstfna :?r'6{?;3 :eF,l ,;t 3UFrz wv 919.791.4200 Little Beaver Creek Public Fishing Access DWR #19-0042 BUFFER APPROVAL Page 2 of 4 *Buffer impact B4 listed on the application as grading 171 square feet in Zone 2 is considered exempt and does not require written authorization from the Division provided that diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are stabilized. 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 02B.0267(8)] 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. 4. 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]. 5. 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)] Little Beaver Creek Public Fishing Access DWR #19-0042 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 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 and is responsible for complying with all conditions. [15A NCAC 02B :0507'(d)(2)] 7. This approvaland its'conditions are final an,d binding unless contested. [G.S. 143-215:5] 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).'- A petition form maybe obtained from the OAH at http://www.ncoah.tom/ or by calling the OAH Clerk's Office at (919) 431-3000'for'information. Within sixty (60) calendar days of receipt.of this notice, a petition must be filed with the OAH. A petition is'con:sidered 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: 1f sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service' (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285. One (1) copy of the petition mustalso be served to'the 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, INC 27699-1617 Little Beaver Creek Public Fishing Access DWR #19-0042 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 the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer file DWR 401 & Buffer Permitting Unit file