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Home My WebLink About20220473 Ver 1_Approval Letter_20220411 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED April 11, 2022 DWR # 22-0473 Burke County Thomas & Kathleen Andrews 1896 Sandy Cove Dr Morganton, NC 28655 Email: thomasandrewsuf@gmail.com Subject: 401 WATER QUALITY CERTIFICATION COVERAGE Andrews, South Pointe 152 Dear Mr. and Mrs. Andrews: The Division has reviewed the proposed project as described in your application dated March 22, 2022, received by the Division of Water Resources (Division) March 28, 2022. These impacts are covered by the attached Water Quality General Certification Number 4502. This general certification is associated with the use of U.S. Army Corps of Engineers Wilmington District’s Regional General Permit Number 30. 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 or State Riparian Buffer regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. This acknowledgement is specific for the purpose and design, plans, specifications and impacts as described in your application. 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 Letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2), 15A NCAC 02H .0506(b)]. The following proposed impacts are described in your application: Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.034 (acres) 0.006 (acres) DocuSign Envelope ID: 9573BD10-A905-41D9-97F1-E7E4DC47C58C North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Andrews, South Pointe 152 DWR# 22-0473 401 Certification Page 2 of 2 If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Mitchell Anderson at 828-296-4662 or Mitchell.Anderson@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – ARO Enclosures: GC 4502 Certificate of Completion ec: Carissa Parker – Bennick Grading Brandee Boggs - USACE Asheville Regulatory Field Office Andrea Leslie - NCWRC Peter Minter – Burke County Cayce Brennan – Duke Energy Lake Services DWR 401 & Buffer Permitting Unit file DocuSign Envelope ID: 9573BD10-A905-41D9-97F1-E7E4DC47C58C