20170702 Ver 1_Approval Letter_20170928

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Water Resources
Environmental Quality
September 28, 2017
Lee Zinzow
701 Lankashire Rd
Winston Salem, NC 27106
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0702
Burke County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Zinzow/Heweshda — Lake James
Dear Mr. Zinzow:
You have our approval for the impacts listed below for the purpose described in your application
dated January 25, 2017, and received by the Division of Water Resources (Division) on June 6,
2017 with additional information received on September 27, 2017. These impacts are covered
by the attached Water Quality General Certification Number 4087 and the additional conditions
listed below. This certification is associated with the use of Nationwide Permit Number 13
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. [I 5A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters 1
Above Pool
Below Pool
0.0238 (acres)
0.0358 (acres)
Open Waters 2
Above Pool
Below Pool
0.0206 (acres)
0.0309 (acres)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-2964500

Zinzow/Heweshda
DWR# 17-0702
401 Approval
Page 2 of 3
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
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. The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Resources under the Catawba River Basin: Protection
and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
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 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 [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 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:

Zinzow/Heweshda
DWR# 17-0702
401 Approval
Page 3 of 3
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 Amy Annino at 828-296-4656 or
amy.annino&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 4087
Certificate of Completion
cc: William Elliot — USACE Asheville Regulatory Field Office (via email)
Stan Aiken — DEMLR (via email)
Andrea Leslie — NCWRC (via email)
Wade Harmon — Duke Energy (via email)
Peter Minter — Burke County (via email)
Carissa Parker — Landowner Agent (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Burke\401s\Non-DOT\Zinzow-Heweshda Bank Stabilization\APRVL.Zinzow-Heweshda_9.28.2017.docx