20160114 Ver 1_Approval Letter_20160224

Water Resources
ENVIRONMENTAL. QUALITY
February 24, 2016
Heiko Meyer
7051 South Malaya Court ,
Aurora, Colorado 80016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0114
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Sunset Point Owners Association - Lot #17
Dear Mr. Meyer:
You have our approval for the impacts listed below for the purpose described in your application
dated December 29, 2015, and received by the Division of Water Resources (Division) February
5, 2016, 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 meta No other impacts
are approved, including incidentalimpacts.
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0218 (acres)
0.0103 (acres)
State of North Carolina I Environmental Quality I Water Resources
Asheville Regional Operations Center
2090 US 70 Highway, Swannanoa, North Carolina 28778
828/296-4500

Sunset Point Owners Association
February 24, 2016
Page 2 of 3
ADDITIONAL CONDITIONS
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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
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. The proposed project must comply with the McDowell County local riparian buffer
ordinance approved by the Division of Water Resources under the Catawba River Basin:
Protection and Maintenance of Existing Riparian Buffers, 15ANCAC 02B .0243(b).
3. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba-Wateree river system 2006 Shoreline
Management Plan.
This approval and its conditions are final and binding unless contested.
3
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 [phone] 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 8:00am and_5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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,
FedEx, 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

Sunset Point Owners Association
February 24, 2016
Page 3 of 3
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality.
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Ed Williams at 828-296-4686 or
[e-mail] if you have any, questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Cathleen Atkins — CUPM, LLC (via email)
William Elliot- USACE Asheville Regulatory Field Office (via email)
Wade Harmon —Duke Energy
Ron Harmon — McDowell County Planning
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\McDowell\401 s\Non-DOT\APRVL401 SunsetPointHomeownersAssociation_Lot 17.02-23-2016.docx

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