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HomeMy WebLinkAbout20141163 Ver 1_Approval Letter_20141126060 �J L , . r North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 26, 2014 Richard B. Macfarland 4238 St. Andrews Dr. Boyton Beach, FL 33436 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Macfarland Shoreline Stabilization Glen Pointe Lot 9 Dear Mr. Macfarland: John E. Skvarla, III Secretary DWR # 14 -1163 Jackson County In accordance with your application dated October 24, 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 certlfrcatiorl 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 0.0069 (acres) 0.0046 acres ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in you 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 Water Quality Regional Operations — Asheville Regional Olfca 2090 US Hwy 70, Swannenoa, NO 28778 Phone: 828 - 29645001 FAX: 828- 299 -7043 Internet. hflp#podal.ncdenr.org&eblmglma An Equal Oppodunity l AKrmaWe Action Employer Richard B. Macfarland 11262014 - Page 2of3 property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Peimit/Autborization and is responsible for complying with all conditions. 2. Rip -rap must be placed along the base of all dry stacks wither minimum depth of one foot and a slope of 2 to 1 with a three foot base at the lakebed dry stack interface. Per Exhibit 3 of the Duke Shoreline Management Guidelines. 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 �://www.ncoah.com or by calling the OAR 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: 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 Richard B. Macfarland 11262014 Page 3 of3 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@ncdem.aov 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: DWRARO401files cc: Kevin Holland - Duke Energy David Brown - USACE Asheville Regulatory Field Office DacamentG: \WR \WQVack son \401a\Non- DOT\MacFnrlend Glen Pointe Lot 9W RVL401MacFarlondGle0ointelat911- 26- 2014.doc1 I