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Home My WebLink About20120282 Ver 2_Approval Letter_20150212NCDENR .._� North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 12,2015 DWR# 12 -0282 V2 Jackson County Bear Lake Heaven, LLC Attn: Keith Rudman 401 N. Wabash Ave., Unit 48E Chicago, IL 60611 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Bear Lake Heaven LLC PIN (7586 -45- 2681 & 7586 -46 -3302) Dear Mr. Rudman: In accordance with your application dated December 24, 2014 and additional information received via email dated February 5; 2015, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certificatiml 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 0.057 (acres 500 ft. 0.034 acres) 500 ft: Water Quality Regional Operations— Asheville Regional Ofiire 2090 US Hwy 70, SWannanoa, NO 28778 Phone: 828 -296 4500 %FAX: 828- 299 -7043 Imemet http film al.nrdenr.orglweblwglws An Equal Opportunity AHirmaive Action Employer Hear L&k Heaven,LLC Aart Keith Rodman Pab.ary 12, 2015 Page 2 of3 ADDITIONAL CONDITIONS I. 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) /Pemiit/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 abulkhead 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 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.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 OAH filing fee is received in the CAB 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: If sending 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 Bear Lake Heaven, LLC Ann: Keith Rudman Pebmary 12, 2015 Page 3 of 3 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 fbx,@ncdenr. ov 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: DWRARO401 files ec: William Owen —Owen Grading Kevin Holland - Duke Energy David Brown - USACE Asheville Regulatory Field Office Andrea Leslie - NC WRC Laura Herbert — DEMLR Ashley Rodgers - DEMLR ' GAWR\WQVacksonv0IsWon- D0Dnear Lake Heaven LLC Keith Rudman\APRVL401neuLAcHee LLCKeithRudmW- 10- 2015.doc