HomeMy WebLinkAbout20081333 Ver 2_Approval Letter_201307084
CCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder
Governor Acting Director
July 8, 2013
Travis Sinclair
Duke Energy Carolinas, LLC
EC 12Q
Post Office Box 1006
Charlotte, North Carolina 28201
Subject: 401 Water Quality Certification - Approval
Pines Recreation Area
DWQ Project # 2008 -1333 Ver 2
Jackson County
LTN02 / West Fork Teckasegee / 2- 79- 23 -(1) / Class WS -III; B; HQW
Dear Mr. Sinclair:
John E. Skvada, III
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 0.499 acres of open waters for the purpose of
creating a public swim beach 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 Water Supply 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.
Location: 2090 U S Highway 70, Swannanoa, North Carolina 28778
Phone. 828 - 29645001 FAX: 828 - 299 -7043
Internet www.ncwaterquality.org
An Equal Opportunity 1 Affinnat" Action Employer
None Carolina
awally
Duke Energy Carolmas, LLC
July 8, 2013
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.
Additional Conditions:
1. Concrete Ilandline.
Wet concrete is toxic to aquatic organisms. During any construction, wet concrete should not be allowed
to come in contact with surface waters. The concrete fabric must be cured in the dry during reservoir
drawdown; excess wetting agent applied to the fabric should not be allowed to drain into the reservoir.
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,
for Thomas A. Reeder
TAR/khb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S:\S WP\Jackson\401 sW on- DOT NPinesRecreationAm &FERCAppvl.07- 08- 2013.doc
Amount Approved nits
Plan Location or Reference
Waters
0.499 acres
Application Item C. 4.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Additional Conditions:
1. Concrete Ilandline.
Wet concrete is toxic to aquatic organisms. During any construction, wet concrete should not be allowed
to come in contact with surface waters. The concrete fabric must be cured in the dry during reservoir
drawdown; excess wetting agent applied to the fabric should not be allowed to drain into the reservoir.
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,
for Thomas A. Reeder
TAR/khb
Enc: GC3898
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S:\S WP\Jackson\401 sW on- DOT NPinesRecreationAm &FERCAppvl.07- 08- 2013.doc