20130660 Ver 1_Approval Letter_20130805

OC&DENR v
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
t,nvpmnr Artinn nirwtnr
August 5, 2013
Warren H. Maxon II
7290 Woodside CT
Denver, NC 28037
Subject: 401 Water Quality Certification - Approval
Project Name: Warren H. Maxon H Bank Stabilization
DWQ Project # 2013 -0660
McDowell County
Catawba / Lake James / 11 -8 / C
Dear Mr. Maxon:
John E. Skvada, 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 0.02 acres of open waters for the purpose of
bank stabilization 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 3898. This Certification allows
you to use Regional General Permit 30 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, Buffer and Flood Plain 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. Hlghway 70, Swannanoa. North Carolina 28778
Phone. 828 - 296-05001 FAX: 828 - 299 -7043
Internet: www ncwaterquality.org
An Equal Opportunity 1 Atfinnatrve Acbon Employer
NocoAhCarolina
Altur,711b,
Amount Approved nits
Plan Location or Reference
Waters
0.02 (acres) 200 linear
feet
Plan Sheet 7& 8a
Location: 2090 U.S. Hlghway 70, Swannanoa. North Carolina 28778
Phone. 828 - 296-05001 FAX: 828 - 299 -7043
Internet: www ncwaterquality.org
An Equal Opportunity 1 Atfinnatrve Acbon Employer
NocoAhCarolina
Altur,711b,

Warren H. Maxon II
August 5, 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 Tim Fox in the Asheville Regional Office at (828)
296 -4664.
Sincerely,
i� w *
for Thomas A. Reeder
TAR/trf
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
Wade Harmen — Duke Energy Lake Services
Carissa Parker — Bennick Enterprises, LLC
File Copy
S: \SWP \McDowell \401s\Non- DOT\Warren H Maxon II Lot 153\APRVL.401 Warren H Maxon.08- 05- 13.doc