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Home My WebLink About20140384 Ver 1_Approval Letter_20140519r AM" WA r ;`� w��® INC®E(NR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 19, 2014 Keith Elmore 16 Olmstead Road Morristown, NJ 07960 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 132 Screech Owl Drive Shoreline Stabilization Dear Mr. Elmore: John E. Skvarla, III Secretary DWR # 14 -0384 McDowell County In accordance with your application dated April 8, 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. 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 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.org/web/wglws An Equal Opportunity 1 Affirmative Action Employer Amount Approved Type of Impact Permanent Open Waters Above Pool Below Pool 0.011 (acres) 0.007 (acres) 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 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.org/web/wglws An Equal Opportunity 1 Affirmative Action Employer Keith Elmore May 19, 2014 Page 2 of 3 letter and General Certification (s) /Permit/Authorization and is responsible for complying with all conditions. 2. The proposed project must comply with the McDowell County local riparian buffer ordinance approved by the Division of Water Resources under the Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b). 3. Stabilization techniques must meet the General Conditions listed in the Shoreline Stabilization Technique Selection Process found in Duke Energy's Shoreline Management Guidelines for the Catawba - Wateree river system 2006 Shoreline Management Plan. 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: / /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 S:OOpm, 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 Keith Elmore MaP19, 2014 Page 3 of 3 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 tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, Q- C�) &'� G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Carissa Parker — Bennick Enterprises, LLC (via email) Tasha Alexander - USACE Asheville Regulatory Field Office (via email) Wade Harmon — Duke Energy Ron Harmon — McDowell County DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\ WR \WQ\McDowell \401s\Non- DOT\132 Screech Owl Drive\APRVL.05.19.14.docx