HomeMy WebLinkAbout20061933 Ver 2_Approval Letter_20140922NCDEN r"�°
North Carolina Department of Environment and Natural `esources
Pat McCrory
Governor
July 21, 2014
Chip Hills
7247 Governors Row
Charlotte, NC 28277
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Chip Hills Lot 4 Bank Stabilization
Dear Mr, Hills:
John E. Skvarla, III
Secretary
DWR # 06 -1933 V2
McDowell County
In accordance with your application dated April 28, 2014 and additional information received on July 14, 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 cartification(s) or general permit and any additional conditions listed
below.
Project impacts are covered by the attached Water Quality General Certification Number 3885 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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.
IMPACTSAPPROVED
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
0.07 (acres)
0.07 (acres)
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828- 29845901 FAX: 828- 299 -7043
Internet. http:IlporInl.ncdencorgMebAvgMs
An Equal Opportunity I Affirmative Action Employer
Chip Hills
July 21, 2014
Page 2 of3
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 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 maybe obtained from the OAH at http: / /www,ncoali.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:OOam 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
Ifsending 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
Chip Hills
July 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.fox(u6ncdenr.eov if you have any questions
or concerns.
Sincerely,
G. Landon rdson, P.G., Regio Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
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 Planning
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DoG: \WR WQWcDowell \401s\Idon -DOT \Chip Mills Lot 4UPAVL.401ChipHillsLot4 7- 21- 14.doccumentl