20130908 Ver 1_Approval Letter_20131024

October 24, 2013
John M. Kennedy
49 Heritage Lane
Shelby, NC 28150
DWR # 13 -0908
Cleveland County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Shoreline Stabilization — 49 Heritage Lane, Shelby NC
Dear Mr. Kennedy:
You have our approval for the impacts listed below for the purpose described in your
application dated August 12, 2013 and in the additional information received by the Division of
Water Resources (Division) on October 15, 2013. These impacts are covered by the attached
Water Quality General Certification Number 3898 and the conditions listed below. This
Certification corresponds to Regional General Permit No. 198200030 issued by the US Army
Corps of Engineers. Please note that you should obtain any other applicable federal, state or
local permits before proceeding with your project, including those required by (but not limited
to) the local lake management authority, erosion and sediment control, non - discharge, and
water supply watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are Bret. No other impacts are approved,
including incidental impacts.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Open Waters
1,114 (sq. ft.)
NA (sq. ft.)
above normal pool
Open Waters
1,114 (sq. ft.)
NA (sq. ft.)
below normal pool
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John M.Kennedy
DWR# 13 -0908
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.
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 and is
responsible for complying with all conditions.
3. The Division Mooresville Regional Office (610 East Center Avenue, Suite 301,
Mooresville, NC 28115) shall be notified in writing once construction at the approved
impact areas has commenced.
4. All work is to be conducted by land as described in your application.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
htt :wwwarrcrah,cra or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. 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 8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

]uhnm.xennedy
uvVu#z3-09nn
401 Approval
Page 3ot3
This letter completes the review of the Division as required under section 401 of the Clean
Water Act. Please contact Shelton Sullivan at919-8O7-63O2Or or
Alan Johnson at7O4-G83-1O99x2lQOor if you have any questions or
concerns.
Enclosures: GC 3898
cc: Fred Baird 8|eck|ey, ASLA-504 South Oeka|b Street, Shelby, NC 28150i via email
USACE Asheville Regulatory Field Office — David Brown, and via email
DVVR MRO 401 fi|es — via email
DVVR40IQ' Buffer Permitting Unit —file copy
Filename: 13O908ohnM. Ken nedyK400Lake49HeritaXeLaneShe|by(C|eve|and)_401