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Home My WebLink About20211146 Ver 1_401 WQC Authorization and Catawba Buffer Authorization_20210830 SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED August 30, 2021 Jeffrey Kuhlman 640 High Ridge Rd Waynesville, NC 28786 DWR # 2021-1146 Burke County kuhlman@charter.net Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Kuhlman, 2126 Starboard Ln Dear Mr. and Ms. Kuhlman: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 22, 2021, with payment received on August 10, 2021, and additional information received on August 24, 2021. These impacts are covered by the attached Water Quality General Certification Number 4145 and the conditions listed below. This certification is associated with the use of General Permit Number 30 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get 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, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.030 (acres) 0.003 (acres) 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 this Certification. If you change your project, DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 Kuhlman, 2126 Starboard Ln DWR# 2021-1146 401 Certification Page 2 of 3 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip-rap shall be installed over filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(1)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 Kuhlman, 2126 Starboard Ln DWR# 2021-1146 401 Certification 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 of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Mitchell Anderson at 828-296-4662 or Mitchell.Anderson@ncdenr.gov if you have any questions or concerns. Sincerely, Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – ARO Enclosures: GC 4145 Certificate of Completion ec: Brandee Boggs - USACE Asheville Regulatory Field Office (via email) Andrea Leslie - NCWRC (via email) Cayce Brennan – Duke Energy Lake Services (via email) Carissa Parker – Agent (via email) DWR 401 & Buffer Permitting Unit file G:\WR\WQ\Burke\401s\Non-DOT\Kuhlman, 2126 Starboard Ln\20210830_Kuhlman, 2126 Starboard Ln_APPVL.docx DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED August 30, 2021 Jeffrey Kuhlman 640 High Ridge Rd Waynesville, NC 28786 DWR # 2021-1146 Burke County kuhlman@charter.net Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Kuhlman, 2126 Starboard Ln – Lake Rhodhiss Dear Mr. and Mrs. Kuhlman: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 22, 2021 with payment received on August 10, 2021 and additional information received on August 24, 2021. These impacts are covered by the Catawba Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (SF) Permanent Amount Approved (SF) Temporary Buffers – Zone 1 Site 1 1320 (square feet) 0 (square feet) Buffers – Zone 2 Site 1 0 (square feet) 0 (square feet) 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 this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 Kuhlman, 2126 Starboard Ln DWR# 2021-1146 Buffer Authorization Certificate Page 2 of 3 The permittee shall report to the Asheville Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0614]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project. [15A NCAC 02B .0614(7) and (8)] 2. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an “in kind” manner immediately following construction. Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3), and 15A NCAC 02B .0614(10)(dd), (ee)] 3. Immediately post- construction, bare soils must be stabilized as quickly as possible by providing a temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion matting. This ground cover is a temporary measure used to address erosion until buffer restoration can be accomplished. [15A NCAC 02B .0611(b)(4) / (c)(4), 15A NCAC 02B .0203, 15A NCAC 02B .0614(7) and (8)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 Kuhlman, 2126 Starboard Ln DWR# 2021-1146 Buffer Authorization Certificate Page 3 of 3 This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire five (5) years from the date of this letter or when the corresponding 401 Water Quality Certification Approval DWR# 20211146 expires. This letter completes the Division’s review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Mitchell Anderson at 828-296-4662 or Mitchell.Anderson@ncdenr.gov if you have any questions or concerns. Sincerely, Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – ARO ec: Brandee Boggs - USACE Asheville Regulatory Field Office (via email) Andrea Leslie - NCWRC (via email) Cayce Brennan – Duke Energy Lake Services (via email) Carissa Parker – Agent (via email) DWR 401 & Buffer Permitting Unit file G:\WR\WQ\Burke\401s\Non-DOT\Kuhlman, 2126 Starboard Ln\20210830_Kuhlman, 2126 Starboard Ln_BUFFER.docx DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1 WR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant’s Certification I, _, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent’s Certification I, _, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date Registration No. DocuSign Envelope ID: 11756129-5159-4350-9EC2-61122FE907A1