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HomeMy WebLinkAbout20141117 Ver 1_Approval Letter_20141117=1 t7 NCDENR'' North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary November 17,2014 DWR # 14 -1117 Rutherford County Mr. Raymond McClinton - 108 Big. Spring Drive Asheville, NC 28804 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION McClinton 301 Holmes Road - Dear Mr. McClinton In accordance with your application dated October 19, 2014 and additional information received on November 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 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. IMP.ACTSAPPROVED 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 I Below Pool _ ,0008 (acres) 1 .0008 (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 Water Quality Reg shut operations— Asheville Regional office 2090 US Hwy 70, Swannenoa, NC 28778 Phone: 828-2964500 \ FAX: 828- 299 -7043 Intemi http:IlpoAal.ncdencorgN aAvgdva An Equal Opportunity 1 Affirmative Action Employer Mr. Raymond MCCti w. November 17, 2014 Page 2 d3 with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certifica tion(s)/Pemiit/Authorization and is responsible for complying with all conditions. 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 GAD at httn' / /www.ncoah.coin/ 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: . Ifsending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 Mr. Raymond McClinton Nm.bu 17, 2014 Page 3 df 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 Andrew Moore at 828 - 296 -4500 or Andrew.W.Moore@ncdenr.eov 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 cc: DWR ARO 401 files D WR 401 and Buffer Permitting Unit cc: USACE Asheville Regulatory Field Office G: \WR \WQ\Ruther Ford \40ls\Non -DOT cClinton 301 Halmm RoadWRVL.McClinton301HoIme RoM.doc