HomeMy WebLinkAbout20071278 Ver 2_Approval Letter_20130924NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs
Governor Thomas A. Reeder
Director
September 24, 2013
Travis Sinclair
Duke Energy Carolinas, LLC
Post Office Box 1007
Charlotte, North Carolina 28201
Subject: 401 Water Quality Certification - Approval
Pine Creek Access Area
DWQ Project # 2007 -1278, Ver. 2
Jackson County
LTN02 / West Fork Tuckasegee / 2- 79- 23 -(1) / Class WS -III; B; HQW
Dear Mr. Sinclair:
John E. Skvada, III
Secretary
The Division of Water Resources 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 0.09 acres of open waters for the purpose of
Boating 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 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 fthway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296-05001 FAX: 828- 299 -7043
Internet www.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer
NofthCarolina
Nakiliboy
Amount Approved nits
Plan Location or Reference
Open Waters
0.09 acres
A lication Item C. 4.
Location: 2090 U.S fthway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296-05001 FAX: 828- 299 -7043
Internet www.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer
NofthCarolina
Nakiliboy
Duke Energy Carolinas, LLC
September 24, 2013
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 Resources 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,
fo. Thomas A. Reeder
TAR/khb
Enc: GC3898
Certificate of Completion
cc: Wilson Hunter, Davis and Floyd
1319 Highway 72 / 221 East, Greenwood, SC 29649
David McHenry, NC Wildlife Resources Conunission
David Brown, USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
G: \WQ\SWPUackson\401s\ Non -D011 Duke .PineCreekAccessArea\Aprvl.09 -24 -2013 doc