20140630 Ver 1_Approval Letter_20140922

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North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
July 14, 2014
DWR # 14 -0630
McDowell County
Michael Cuccaro
205 Little Neck Road
Centerport, NY 11721
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
The Arbor Lot 23 Shoreline Stabilization
Dear Mr, Cuccaii
In accordance with your application dated June 12, 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, NO 28778
Phone. [phone] FAX: [phone]
Intemet: hP Ilporlalnorlenr.orgAvehhvghvs
An Equal Opportunity 1Affrmative Action Employer

Michael cucc.
July 14,2014
Pug 2of3
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 may be obtained from the OAH at http: / /www.ncoati.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:
Ifsending 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

Michael Cucaro
July 14,2014
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.eov if you have any questions
or concerns.
Sincerely,
<r G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: Carissa Parker — Bernick Enterprises, LLC (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
Wade Harmon —Duke Energy
Ron Hannon — McDowell County Planning
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ\McDowell \40 is\Non- DOT \The Arbor Lot 23\APRVL.401TheArbor7- 14- 14.doc