20140160 Ver 1_Approval Letter_20140306

Pat McCrory
Governor
March 6, 2014
- - - NCDENR - -- - - - -
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
Earl W. & Lillie R Hindman
4391 Sidewinder Tr.
Middleburg, FL 32068
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: Earl and Lillie Hindman Shoreline Stabilization
Dear Mr. and Mrs. Hindman:
John E. Skvada, III
Secretary
DWR # 14 -0160
Caldwell County
In accordance with your application dated January 29, 2014 received on February 21, 2014, approval has been
granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898 and the
conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the
U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal,
state or local permits before proceeding with your project, including those required by (but not limited to)
Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general conditions of the
Certification, General Permit and/or, Buffer Rules are met. No other impacts are approved, including incidental
impacts.
Water Quality Regional Operations —Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone. 828 - 296-45001 FAX- 828 - 299 -7043
Internet- http-/ /portal nodenr.orgtweb/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Amount Approved
Type of Impact
Permanent
Open Waters
Above Pool
Below Pool
0.03 (acres)
0.03 (acres)
450 (square feet)
Buffers — Zone 1
15 ft X 30 ft
Temporary Access
(square feet)
Corridor Only
Water Quality Regional Operations —Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone. 828 - 296-45001 FAX- 828 - 299 -7043
Internet- http-/ /portal nodenr.orgtweb/wgtws
An Equal Opportunity 1 Affirmative Action Employer

Earl & Lillie Hindman
3/6/2014
Page 2 of 3
ADDITIONAL CONDITIONS
1. 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/Authorization. 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 (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of
the shoreline or coastal wetland (whichever is more landward) associated with this project in an "in
kind" manner immediately following construction. (Example: Disturbed areas with pre - existing grassed
lawns must be replanted with grass. Disturbed areas with pre - existing trees or woody vegetation must
be replanted with trees and woody vegetation. Disturbed areas with pre - existing forest vegetation must
be replanted with forest vegetation including at least two different native hardwood tree species at a
density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting 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 320 trees per acre at maturity.
3. The proposed access corridor(s) must be the minimum width required to get the construction equipment
to the shoreline and shall not exceed 15 feet in width. The number of access corridors should be limited
-to the minimum number required to get the construction equipment to the shoreline (many times only a
single corridor is required) and shall not exceed 2 corridor(s). The access corridor(s) should cross the
buffer as close to perpendicular as practicable and disturbance to existing vegetation should be
minimized.
4. Replant or allow the re- establishment of native vegetation in areas within the project boundary where it
has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines.
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 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at hiip: / /www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. 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).
300 (square feet)
Buffers — Zone 2
15 ft X 20 ft
(square feet)
Temporary Access
Corridor Only
ADDITIONAL CONDITIONS
1. 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/Authorization. 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 (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of
the shoreline or coastal wetland (whichever is more landward) associated with this project in an "in
kind" manner immediately following construction. (Example: Disturbed areas with pre - existing grassed
lawns must be replanted with grass. Disturbed areas with pre - existing trees or woody vegetation must
be replanted with trees and woody vegetation. Disturbed areas with pre - existing forest vegetation must
be replanted with forest vegetation including at least two different native hardwood tree species at a
density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting 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 320 trees per acre at maturity.
3. The proposed access corridor(s) must be the minimum width required to get the construction equipment
to the shoreline and shall not exceed 15 feet in width. The number of access corridors should be limited
-to the minimum number required to get the construction equipment to the shoreline (many times only a
single corridor is required) and shall not exceed 2 corridor(s). The access corridor(s) should cross the
buffer as close to perpendicular as practicable and disturbance to existing vegetation should be
minimized.
4. Replant or allow the re- establishment of native vegetation in areas within the project boundary where it
has been removed. Per Exhibit 1 of the Duke Shoreline Management Guidelines.
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 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at hiip: / /www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. 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).

Earl & Lillie Hindman
3/6/2014
Page 3 of 3
-The petition may be faxed to the -OAH at (919) -431- 31"00; - 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
This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba
Riparian Buffer Rules as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828 - 296 -4664 or
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Riparian Buffer Guidelines
Certificate of Completion
cc: Tasha McCormick - USACE Asheville Regulatory Field Office (via email)
Wade Harmon - Duke Energy
Caldwell County Planning
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DG \WR \WQ \Caldwell \40l Mon- DOMarl and Lillie Hindman Lot 11 WPRVL 401Ear1HmdmanLotl 103 - 06- 14.doc