20120881 Ver 1_Approval Letter_20121016

Ae
W1 a
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
October 16, 2012
Joseph W. Carriker, Project Manager
Duke Energy (FERC No. 2968)
Post Office Box 1006
Charlotte, North Carolina 28201 -1006
Subject: 401 Water Quality Certification - Approval
Bear Creek Boating Access Area
DWQ Project # 2012 -0881
Jackson County
LTN02 / Bear Creek / 2 -79 -17 / Class WSIII; B; Tr
Dear Mr. Carriker:
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 0.12 acres of open waters for the purpose of
recreational 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 3898. This Certification allows
you to use Regional General Permit 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 trout buffer 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:
Location, 2090 U S Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 296 -45001 FAX. [phone]
Internet www ncwaterquality.org
An Eaual Ooaortunity 1 Affirmative Action Emalover
NorthCarolina
vvwtllydil -I�
Amount Approved (Units)
Plan Location or Reference
Waters
10. 12 (acres)
Application Item C. 4.01
Location, 2090 U S Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 296 -45001 FAX. [phone]
Internet www ncwaterquality.org
An Eaual Ooaortunity 1 Affirmative Action Emalover
NorthCarolina
vvwtllydil -I�

Duke Energy
October 16, 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 - 296 -4657.
Sincerely,
jf Charles Wakild, P.E., Director
CW1khb
Enc: GC3898
Certificate of Completion
cc: Jeff Ferguson, P.E.
NC Wildlife Resources Commission, 171 Southern Cross road, Weaverville, NC 28787
USACE Asheville Regulatory Field Office
WeBSCaPe Unit — Central Office
File Copy
S \SWP \Jackson \401s\Non- DOT\DukeEnergy BearCreek \BearCreekBoatmgAccessArea Appvl 10 16 2012 doc