HomeMy WebLinkAbout20061965 Ver 1_Approval Letter_20070212O~O~ W A T ~9QG
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William and Linda Wellnitz
4711 Binfords Ridge Road
Charlotte, NC 28226
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 12, 2007
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1965
Franklin County
Subject Property: Linda Wellnitz -Lot 431
Lake Royale [030301, 28-31-(1), B, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Sir or Madam:
On December 29, 2006, the Division of Water Quality (DWQ) received your undated application to
impact 0.004 acres of open waters below the normal pool lake level, 0.0057 acres of open waters above
the normal pool lake level and 168 square feet Zone 1Tar-Pamlico River basin protected riparian buffers
and 0.00 square feet of Zone 2Tar-Pamlico River basin protected riparian buffers for the purpose of
constructing a boathouse and seawall. On February 8, 2007, Mike Horan of the DWQ Raleigh Regional
Office inspected your property to determine if bank stabilization was necessary at your property. Mike
Horan determined that the bank stabilization was not necessary. Therefore, after reviewing your
application, we have decided that the impacts for construction of the boathouse only are covered by
General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use
General Permit Number 80 when issued by the US Army Corps of Engineers (USAGE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A
NCAC 2B .0259. In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 / Internet: h~://h2o.enr.state.nc.us/newetlands
No°Q h Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/]0% Post Consumer Paper
William and Linda Wellnitz
Page 2 of 3
February 12, 2007
approved including incidental impacts:
Amount Approved (Units) Plan Location or
Reference
Open Water (Lake Royale) above NPL 0.0025 (acres) -shaded Abbreviated Application
for construction of
boathouse
Zone 1Tar-Pamlico River basin 168 (square feet) Abbreviated Application
rotected ri arian buffer
2. 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project..
.,. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall 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 as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
6. 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 the attached certificate of
William and Linda Wellnitz
Page 3 of 3
February 12, 2007
completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Mike Horan in the DWQ Raleigh Regional Office at~919-791-4200.
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Enclosures: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
w ~~- v
~an W. Klimek, P.E.
Filename: 061965LindaWellnitzLot431(Franklin)401_TPBR