HomeMy WebLinkAbout20150335 Ver 1_Approval Letter_20150422NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 22, 2015
Terry Melton
4736 Crystal Falls Avenue
Hickory, North Carolina 28601
Donald R. van der Vaart
Secretary
DWR # 15 -0335
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
4736 Crystal Falls Avenue, Hickory, NC
Dear Mr. Melton:
In accordance with your application dated April 9, 2015, approval has been granted for the
impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898
and the conditions listed below. This certification is associated with the use of General Permit
Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Erosion and Sediment Control, Water
Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts
are approved, including incidental impacts.
ADDITIONAL CONDITIONS
1. 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/Authorization. If you change your project, you must notify the Division and
2090 U.S. Hwy. 70, Swannanoa, North Carolina 28778
Phone: 828 - 296 -45001 Internet: www.ncdenr.gov
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Amount Approved
Type of Impact
Permanent
Above Pool
Below Pool
Open Waters
0.0057 acres
0.0057 (acres)
ADDITIONAL CONDITIONS
1. 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/Authorization. If you change your project, you must notify the Division and
2090 U.S. Hwy. 70, Swannanoa, North Carolina 28778
Phone: 828 - 296 -45001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made In part by recycled paper
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 (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. Replant or allow the re- establishment of native vegetation in areas within the project
boundary where it has been removed, per Exhibit 1 of the Duke Shoreline Management
Guidelines.
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 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:OOam and 5: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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
. -- r
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Catawba Riparian Buffer Rules as described in 15A NCAC 02H 0.500. Please contact Ed
Williams at 828 - 296 -4686 or ed.williamsgncdenr.gov if you have any questions or concerns.
Sincerely,
'F""�a z
G. Land VtyRegional n, P.G., Regional Supervisor
Water Q Operations
Asheville Regional Office
Enclosures: GC 3898
Catawba Buffer Fact Sheet
Certificate of Completion
cc:
Wade Harmon — Duke Energy
Caldwell County Planning
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\ WR\ WQ\Caldwell \401sWon- DO'1\Melton 4736 Crystal Falls Avenue\ APRVL401. Melton4736CrystalFallsAvenue .04222015.doc