20171485 Ver 1_Approval Letter_20171218

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Water Resources
Environmental Quality
December 19, 2017
Randy Mitchell
1042 Bromley Drive
Weddington, NC 28104
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1485
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Mitchell, Edgewater Lot 59 — Lake Hickory
Dear Mr. Mitchell:
You have our approval for the impacts listed below for the purpose described in your application
dated November 10, 2017, and received by the Division of Water Resources (Division) on
November 17, 2017. These impacts are covered by the attached Water Quality Certification
Number 4145 and the additional 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 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,
Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to comply with the following conditions listed in the enclosed
certification or general permit and the following conditions:
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. [15A NCAC 02B .0243]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0275 (acres)
0.0073 (acres)
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/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
State of North Carolina I Environmental Quality
2090 U.S. Highway 701 Swannanoa, North Carolina 28778
828-296-4500

Mitchell, Edgewater Lot 59
DWR# 17-1485
401 Approval
Page 2 of 3
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.
[15A NCAC 02H .0507(d)(2)]
3. The Permittee shall replant the vegetation within temporarily disturbed areas located within
30 feet of the shoreline in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns can be replanted with grass or
trees and woody vegetation. Disturbed areas with pre-existing trees or woody vegetation
must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest
vegetation must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This
density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x
8 spacing) trees per acre.) Replanting of trees/shrubs/forest must be completed by the first
subsequent planting season (November 1 through March 30). Note, if the tree plantings do
not survive, they will need to be replaced such that the density is sufficient to provide 260
trees per acre at maturity. [I 5A NCAC 02H .0507 (c)]
4. 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. [G.S. 143-215.5]
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 thirty (30) 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:OOam and 5:OOpm, 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 by First Class Mail via US
Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Mitchell, Edgewater Lot 59
DWR# 17-1485
401 Approval
Page 3 of 3
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02B .0243. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell&ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4145
Certificate of Completion
cc: Wade Harmon — Duke Energy (via email)
Shelley Stevens - Caldwell County Planning Dept. (via email)
DWR ARO 401 files
G:\WR\WQ\Caldwell\401 s\Non-DOT\Mitchell - Edgewater Lot 59\20171219—Mitchell-Edgewater Lot 59_APPRV.docx