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HomeMy WebLinkAbout20191686 Ver 1_Approval Letter_20191230DocuSign Envelope ID: 0307D978-122F-4087-BC54-8A9E52C823C6 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Robert Cowles 4092 Southwell Way Sarasota, FL 34241 NORTH CAROLINA Environmental Quality December 31, 2019 DWR # 19-1686 Jackson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Cowles 2227 Fenley Forest Trail — Lake Glenville Dear Mr. Cowles: You have our approval for the impacts listed below for the purpose described in your application dated December 2, 2019, and received by the Division of Water Resources (Division) on December 10, 2019, with additional information received on December 30, 2019. These impacts are covered by the attached Water Quality General 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 follow the conditions listed in the enclosed certification(s) or general permit and the following additional 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 02H .0506(b) and/or (c)] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0057 (acres) 0.0057 (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 NORTH CAROLINAD E Q�� D."—W a E.A. enbi Dwnb North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 828.296.4500 DocuSign Envelope ID: 0307D978-122F-4087-BC54-8A9E52C823C6 Cowles 2227 Fenley Forest Trail DWR# 19-1686 401 Approval Page 2 of 4 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. [I 5A NCAC 02H .0507(d)(2)] 3. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. [I 5A NCAC 02H .0507 (c)] 4. 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 Power Nantahala Area Shoreline Management Guidelines. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. The permittee shall report to the Asheville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [ 15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case - by -case basis. 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 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 DocuSign Envelope ID: 0307D978-122F-4087-BC54-8A9E52C823C6 Cowles 2227 Fenley Forest Trail DWR# 19-1686 401 Approval Page 3 of 4 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 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 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchell(ancdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: pr-�� 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4145 Certificate of Completion DocuSign Envelope ID: 0307D978-122F-4087-BC54-8A9E52C823C6 Cowles 2227 Fenley Forest Trail DWR# 19-1686 401 Approval Page 4 of 4 cc: David Brown — USACE Asheville Regulatory Field Office (via email) Kevin Holland — Duke Energy (via email) Andrea Leslie — NCWRC (via email) Steve Beasley — Jackson County (via email) Tiffany Qualls — Jackson County (via email) DWR ARO files G:\WR\WQ\Jackson\401s\Non-DOT\Cowles 2227 Fenley Forest Trail\20191231_Cowles2227FenleyForestTrail APPRV.docx