HomeMy WebLinkAbout20120105 Ver 1_Approval Letter_20120330FIX
iCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
March 30 2012
Kevin McCutcheon
Germany (E copy sent)
Marine Construction Company
Tony Gaines
3457 Yorkland Drive
Hickory NC 28601
Charles Wakild P E
Director
Subject 401 Water Quality Certification - Approval
Kevin McCutcheon Lot 26
DWQ Project # 12 0105
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 0 020 acres of open waters (162 linear feet)
for the purpose of shoreline stabilization and 0 06 acres of buffer for the purpose of construction access at the
subject property This approval requires you to follow the conditions listed in the attached Certification
and any additional conditions Misted 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 Please refer to 15A NCAC 02B 0243 (6) Temporary Roads for requirements as well as 15A
NCAC 02B 0243 (5) for Diffuse Flow requirements
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
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
NonrthCarohna
Naturdllr
Kevin McCutcheonfrony 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
VC/
Charles Wakild P E Director
C W /1sw
Enc GC3693
Certificate of Completion
cc USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
Duke Energy Wade Harmon
S \SWP \Caldwell \401s \Non DOT\McCutcheon K Lot26\ARPL KMcCutcheonMarch 2012 doc
Amount Approved (Units)
Plan Location or Reference
Waters below lake
level
0 009 (acres)
#7
Waters above lake
level
0 011 (acres)
#8 a
Buffer
0 06 (acres)
#8 a
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
VC/
Charles Wakild P E Director
C W /1sw
Enc GC3693
Certificate of Completion
cc USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
Duke Energy Wade Harmon
S \SWP \Caldwell \401s \Non DOT\McCutcheon K Lot26\ARPL KMcCutcheonMarch 2012 doc