20130728 Ver 1_Approval Letter_20130729

Pat McCrory
Governor
Mr. Richard Kinmon
252 Thamon Road
Shelby, North Carolina 28150
n3
v,
NCDENR
Division of Water Quality
Thomas A. Reeder
Acting Director
July 29, 2013
DWQ # 13 -0728
Cleveland County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Shoreline Stabilization - 252 Thamon Road
Dear Mr. Kinmon:
You have our approval for the impacts listed below for the purpose described in your
application dated July 12, 2013 and received by the Division of Water Quality (Division) on
July 16, 2013. These impacts are covered by the attached Water Quality General Certification
Number 3898 and the conditions listed below. This Certification allows you to use Regional
General Permit No. 198200080 when issued to you 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 (s) or
general permit 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
Amount Approved
(units)
(units)
Permanent
Temporary
Open Waters above normal pool
6,000 (sq. ft.)
NA (sq. ft.)
Open Waters below normal pool
400 (sq. ft.)
NA (sq. ft.)
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Mr. Richard Kinmon
DWQ# 13 -0728
401 Approval
Page 2 of 3
2. 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.
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.
3. The Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC
28115) shall be notified in writing once construction at the approved impact areas has
commenced.
4. All work is to be conducted by land.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
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:OOam and S:OOpm, 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 via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc):
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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Mr. Richard Kinmon
DWQ# 13 -0728
401 Approval
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Jennifer Burdette at 919 - 807 -6364 or lennifer.burdette @ ncdenr.gov if you have
any questions or concerns.
Enclosures: GC 3898
cc: USACE Asheville Regulatory Field Office
DWQ MRO 401 files
DWQ Webscape Unit
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
Filename: 130728RichardKinmon (Cleveland)_401.docx