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Home My WebLink About20131176 Ver 1_Approval Letter_20131122Rat McCrory Governor David H. Sutton FWAA HCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Thomas A. Reeder Director November 22, 2013 John F. Skvarla, III Secretary DWR # 13 -1176 Stanly County 679 Nazareth Church Road Moore, SC 29369 Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization — Turner Beach, lake Tillery Dear Mr. Sutton: You have our approval for the impacts listed below for the purpose described in your application dated August 22, 2013 received by the Division of Water Resources (Division) on November 7, 2013. These impacts are covered by the Water Quality General Certification Number 3898 (attached) and the additional conditions listed below. This certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army Corps of Engineers (USACE). 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) 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 rnet. No other impacts are approved, including incidental impacts. rType of impact - -- - -- Amount Approved (units) Permanent Amount .Approved (units) Temporary Open Waters above normal pool 315 (sq. ft.) NA (sq. ft.) Open Waters below normal pool 315 (sq. ft.) NA (sq. ft.) 401 & Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 -807 -6494 Internet: www,ncwate(UalitLeo g An Equal Opportunity 1 Affirmative Action Employer David H. Sutton DWR # 13 -1176 401APPROVAL 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. This approval and its conditions are final and binding unless contested. This Certification Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 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 http,wwvu.ncoah.com 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 8:00am.and 5:00pm, 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 David H. Sutton DWR # 13 -1176 401 APPROVAL. Page 3 of 3 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Shelton Sullivan at 919 - 807 -6361 or shelton.sullivan ncdenr.ov or Alan Johnson at 704- 663 -1699 or alan.lohnson@ncder Spy if you. have any questions or concerns. Sincerely, Karen Higgins, Supe isor 401 & Buffer Permitting Unit Enclosures: GC 3898 cc: Robert Gallagher — Lakeside Contractors, Willow Oak Rd. Norwood, NC 28128 Duke Energy Lake Services, PO Box 1006, Charlotte, NC 28201 -1006 USACE Asheville Regulatory Field Office DWR MRO 401 files — email copy DWR 401 & Buffer Permitting Unit — file copy Filename: 131176DavidSuttonTurnerBeachLkTlliery (Stanly)_401