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Home My WebLink About20140180 Ver 1_Approval Letter_20140314d NCDENR North Carolina Department of Fnvironment and Neural Resources Pat McCrory Governor Phillip and Millicent King 919 Firelane Road Carthage, NC 28327 Division of Water Resources Water Quality Prograrrts Thomas A. Reeder Director March 14, 2014 John E. Skvarla, III Secretary DWR # 14 -0180 Stanly County Subject: Approval of 401 Water Quality Certification with Additional Conditions; Shoreline Stabilization — Tillery Beach, Lake Tillery Dear Mr. and Mrs. King: You have our approval for the impacts listed below for the purpose described in your application dated February 1, 2014 received by the Division of Water Resources (Division) on February 25, 2014 with additional information received on March 11, 2014. 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: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent (sq. ft.) Open Waters above normal pool 100 (sq. ft.) Open Waters below normal pool 100 (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. ww.w. ncwatcrquahty.or An Equal 0I nortunity 1 Affirmative Action Ei: iployer Phillip and Millicent King DWR # 14 -0180 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 150B 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 hqp� /�www.ncoah._c_om/ 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 Phillip and Millicent King DWR # 14 -0180 401APPROVAL 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.Pov or Alan Johnson at 704- 663 -1699 or alan Johnson @ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Unit Enclosures: GC 3898 cc: Robert Gallagher — Lakeside Contractors — email copy Duke Energy, PO Box 1551, NCRH16, Raleigh, NC 27601 USACE Asheville Regulatory Field Office DWR MRO 401 files — email copy DWR 401 & Buffer Permitting Unit — file copy Filename: 140180PhillipandMillicentKingTilleryBeachLkTillery (Stanly)_401