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HomeMy WebLinkAbout20140178 Ver 1_Approval Letter_20140321A"i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director March 21, 2014 Joseph & Kimberly Santucci 13655 Smokey Ridge Place Carmel, IN 46033' Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION PROJECT NAME: Joseph & Kimberly Santucci Shoreline Stabilization Dear Mr. & Mrs. Santucci: John E. Skvada, III Secretary DWR # 14 -0178 Burke County In accordance with your application dated January 23, 2014 received on February 27, 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. Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.004 acres) 0.004 (acres) 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/wglws An Equal Opportunity 1 Affirmative Action Employer Joseph & Kimberly Santucci March 21, 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. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic pollutants. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 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 http Hwww.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). 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 Joseph & Kimberly Santucci March 21, 2014 Page'3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H 0.500. Please contact Tim Fox at 828 - 296 -4664 or tim.foxgncdenr.gov 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 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Carissa Parker — Bennick Enterprises, LLC (via email) Tasha McCormick - USACE Asheville Regulatory Field Office (via email) Wade Harmon — Duke Energy Lake Services Burke County Planning DWR ARO 401 files DWR 401 and Buffer Permitting Unit DocumeG:\ WR \WQ\Burke \401s\Non- DOT \joseph Santucci Lot 175\ APRVL .401JosephSantucciLotl75.3 -19 -14 .docntl