20140384 Ver 1_Approval Letter_20140922

A
FCDEN
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.
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.
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, NO 28778
Phone: [phone] FAX: [phone]
Internet: h#p:Ilportal.nodenraigAVeblwojws
An Equal Oppodunity l AfNmetive 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, NO 28778
Phone: [phone] FAX: [phone]
Internet: h#p:Ilportal.nodenraigAVeblwojws
An Equal Oppodunity l AfNmetive Action Employer

Keith Elmo.
May 19, 2014
Page 2 of3
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 htto: / /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 OAR 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:
Ijsending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Ijsending 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 Elmo.
MAW 19,2014
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 encdenr.aov if you have any questions or concerns.
Sincerely,
<z:-->— (3
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\McDOwe11\401eWan- D0D132 Screech OM Drive\APRVL.05.19.14.docx