HomeMy WebLinkAbout20130202 Ver 1_Approval Letter_20130320��
NCDE SIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
March 20, 2013
Travis Sinclair
Duke Energy Carolinas, LLC
Post Office Box 1007
Charlotte, North Carolina 28201
Subject: 401 Water Quality Certification - Approval
Tuckasegee Powerhouse Access Area
DWQ Project # 2013 -0202
Jackson County
LTN02 / West Fork Tukasegee / 2- 79- 23 -(7) / Class WS -III, B, Tr
Dear Mr. Sinclair
nQ 7
John E. Skvarla, III
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 18 linear feet of stream for the purpose of
boat ramp construction at the subject property. This approval requires you to follow the conditions listed in
the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3883. This Certification allows
you to use Nationwide Permit 36 when issued by the US Army Corps of Engineers ( USACE). 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 corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control, Water Supply and
Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 298 45001 FAX: 828 - 299 -7043 tCarolina
Internet www nmaterquality.org
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Amount Approved (Units)
Plan Location or Reference
Stream
118 linear feet
Application Item C. 3. S 1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 298 45001 FAX: 828 - 299 -7043 tCarolina
Internet www nmaterquality.org
ur4a
Duke Energy Carolinas, LLC
March 19, 2013
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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 your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at
(828) 2964657.
Sincerely,
for Charles Wakild, P.E., Director
CW /khb
Enc: GC3883
Certificate of Completion
cc: Wilson G. Hunter, David & Floyd, Inc.
1319 Highway 72/221 East, Greenwood, South Carolina 29649
David McHenry, NC Wildlife Resources Commission
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S \.SWPUackson\401sWon- D0TMDuke TuckasegeePowerhouse .BoatRampWPPVL.03- 19- 2013.doc