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Home My WebLink About20120104 Ver 1_Approval Letter_20120330,�� .. I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor March 30, 2012 Jeffrey McCutcheon 50 Logan Irving Ca 92620 Marine Construction Company Tony Gaines 3457 Yorkland Drive Hickory NC 28601 Charles Wakild P E Director Subject 401 Water Quality Certification - Approval Jeffrey McCutcheon Lot 29 DWQ Project # 12 0104 Caldwell County CTB / Lake Hickory / 11 (53) WS IV CA Dear Mr McCutcheon and Mr Gaines 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 0 013 acres of open waters (115 linear feet) for the purpose of shoreline stabilization 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 3693 This Certification allows you to use Regional General 30 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 Catawba Buffer regulations The construction pathway is less than 2 500 square feet refer to 15A NCAC 02B 0243 (6) Temporary Roads for requirements This approval is for the purpose and design that you described in your application If you change your protect you must notify us and may be required to submit a new application Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 296-45001 FAX 828 299 7043 Internet www rimaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally Jeff McCutcheon/Tony Gaines March 30 2012 Page 2 of 2 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 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 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 Linda Wiggs in the Asheville Regional Office at 828 2964500 Sincerely, Charles Wakild P E Director C W /lsw Enc OC3693 Certificate of Completion cc USACE Asheville Regulatory Field Office 401 Permitting Unit — Central Office File Copy Duke Energy Wade Harmon S \SWP \Ca1dwe11\40IsWon DOT\McCutcheon J Lot 29\ARPL JMcCutcheonMarch 2012 doc Amount Approved Units Plan Location or Reference Waters below lake 0 005 (acres) #7 level Waters above lake 0 008 (acres) #8 a level 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 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 Linda Wiggs in the Asheville Regional Office at 828 2964500 Sincerely, Charles Wakild P E Director C W /lsw Enc OC3693 Certificate of Completion cc USACE Asheville Regulatory Field Office 401 Permitting Unit — Central Office File Copy Duke Energy Wade Harmon S \SWP \Ca1dwe11\40IsWon DOT\McCutcheon J Lot 29\ARPL JMcCutcheonMarch 2012 doc