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Home My WebLink About20141299 Ver 1_Approval Letter_20150130Pat McCrory Governor January 30, 2015 �t� NC61AR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary DWR #14 -1286 _ Jackson County Kathryn. S. Thomas 3022 Windward Jupiter, FL 33477. Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 149 Lake Side Village Dear Ms. Thomas In accordance with your application dated December 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. 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 Above Pool Below Pool Open Waters 0.004 (acres) 0.003 (acres) Water Quality Reg lonal operations— Asheville Regional ORme 2090 US Hwy 70. Swannanoa, NC 28778 Phone: 828 -296-05001 FAX: 828- 299 -7043 Intemet htlpa /porealncdencorgMeWcAn An Equal Opportunity, \ Affirmative Action Employer K.dv Thomas J. 30, 2015 Page t d3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporatedby reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit 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 Certi fication(s)/Permit/Authorization and is responsible for complying with all conditions. 2. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent movement by wave or current action and shall consist of clean rock or masonry material free of debris or toxic. pollutants. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. - 3. Replant or allow the re- establishment of native vegetation in areas within the project boundary where it has been removed. Per Exhibit 1 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 15013 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 htro: / /www.ncoab.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 OA14 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: If sending via delivery service (UPS, - EedEx, 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 Ka @rya Thomas January 30, 2015 Page 3 of3 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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@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 cc: Toy Keller Kevin Holland — Duke Energy David Brown - USACE Asheville Regulatory Field Office Andrea Leslie —NCWRC G: \WR \WQ \Jaekson\40lsWon- DOT \Thomas 149 Lakeside V111age\APRVL.401Thomas 149 LakesideVillagel- 30- 2015.doe