20120058 Ver 1_Approval Letter_20120208

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
February 8 2012
Travis Sinclair
Duke Energy Services LLC
Post Office Box 1007
Charlotte North Carolina 28201
Subject 401 Water Quality Certification Approval
Whittier Boat Access Area
DWQ Project # 2012 0058
Jackson County
LTN02 / Tuckasegee River / 2 79 (3 8) / Class C
Dear Mr Sinclair
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above
Approval has been granted to place fill within or otherwise impact 6 linear feet of streams for the purpose of
boat access at the subject property This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below
Project impacts are covered by General Water Quality Certification Number 3687 This Certification allows
you to use Nationwide Permit 36 when issued by the US Army Corps of Engineers ( USACE) Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification
In addition you should obtain or otherwise comply with any other required federal state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and stormwater
regulations
This approval is for the purpose and design that you described in your application If you change your project
you must notify us and may be required to submit a new application
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met No other impacts are approved including incidental impacts
Amount Approved (Units) Plan Location or Reference
Stream 6 (linear feet) I
Location 2090 U S Highway 70 Swannanoa North Carolina 28778
Phone [phone] FAX [phone]
Internet www ncwaterquallty org
An Equal Opportunity Affirmative Action Employer
NorthCarohna
Na&i'M&

Duke Energy Services LLC
February 8 2012
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts) you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive
this letter To ask for a hearing send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699
6714 This certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act If you have any questions please contact Kevin Barnett in the Asheville Regional Office at
828 2964657
Sincerely
^�C Charles Wakild P E Director
CW /khb
Enc GC3687
Certificate of Completion
cc Wilson G Hunter David & Floyd Inc Post Office Box 428 Greenwood SC 29648
USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
David McHenry NC Wildlife resources Commission
File Copy
S \SWPUackson \401s\Non DO'RDuke WhittierBoatAccess\DukeEnergy 02 08 2012 doc