20190488 Ver 1_Approval Letter_20190516

ROY COOPER. •
Governor
MICHAEL S.REGAN
Secretary M" �
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
May 16, 2019
DWR#19-0488
Person County
Stephen R. Smith
3 Scythe'Court
Durham, NC 27705-5380
• Subject: APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS
Smith-1266 Pinesborough Estates Road
Dear Mr. Smith:
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 April•15, 2019 with •
payment received on April 16, 2019. The impacts are covered by General Water Quality
Certification Number-4145 (GC4145),jallowing 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 impact .:
Type of Impact Amount Approved Amount Approved
(units) (units)
• .: Permanent Temporary
Below normal pool •
Rip Rap 600 (square feet) 0 (square feet)
Above normal pool' .
Rip Rap 600 (square feet) 0 (square feet)
•
p =` 4 North Carol'€riu,Department of Environmental Quality- Division of Water Resources
t:afeicifr RegiorieI Office j 3600 Barrett hive ( Raleigli.Nor ih('aroiirna 27609
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oa,Sicen1 a"t""5riirriia.renb3tr :� 919.791.4200 .

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DWR#19-0488
401 APPROVAL
Page 2 of 3
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.
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. 14'3-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
150B 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 [phone] 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 [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):

Smith-1266 Pinesborough Estates Road
DWR#19-0488
401 APPROVAL
Page 3 of 3
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DWR—401 & Buffer Permitting NC DWR —401 & Buffer Permitting
Branch Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 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 [e-mail] if you have any
questions or concerns.
Sincerely,
4JJ1-P( .
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
Enclosure: GC 4145
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