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Home My WebLink About20190742 Ver 1_Approval Letters_20190709ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director July 9, 2019 Liz Bradsher . 9728 Thorn. Bush Drive Fairfax, VA 22039 NORTH CAROLINA Environmental Quality DWR #19-0742 Person County Subject: APPROVAL OF 401 CERTIFICATION WITH ADDITIONAL CONDITIONS Bradsher: 976 Estate Road, Semora Dear Ms. Bradsher: 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 June 4, 2019 with payment received on June 6, 2019. The impacts are covered by General Water Quality Certification Number 4145 (GC4145), allowing you to use Regional Permit 198200030 (61330) 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, includingthose 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 1,200 (square feet) 0 (square feet) Above normal pool Rip Rap 1,200 (square feet) 0 (square feet) �� i'dr�r'!ta CarcJlina,l'.)eparttv�tnnt of F..tJviroJ�trex±tal Quality i I)tl'!SIi3Ct Uf L�°Cit!'`C RCSCJUC'CE'S ✓ Raleigh Regioi ial Office 1 3800 Barrett Drive G Raleigh, North Carolina 27609 Ocpat°sauM ot:11v3rcq�mFKU SJwA;� 919.791.4.200 Bradsher: 976 Estate Road DWR #19-0742 401APPROVAL 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. 143-215.5] 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 (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. 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 6714 Mail Service Center Raleigh, NC 27699-6714 Bradsher: 976 Estate Road DWR #19-0742 401APPROVAL Page 3 of 3 Office of Administrative Hearings 1711 New Hope Church Road 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 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, 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