HomeMy WebLinkAbout20150181 Ver 1_Approval Letter_20150304I
2AL lvl LL
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Val
Governor Secretary L
March 4, 2015
DWR # 15 -0181
Jackson County
Bernadine S. Love
14 Midstream
Hilton Head, SC 29928.
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Highhala lot 14
Dear Ms. Love
In accordance with your application 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 cerfification(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
Open Waters
Above Pool
Below Pool
0.0161 acres
0.0096 (acres)
Water Ouallly Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, No 28778
Phone: 828 - 29645001 FAX: 828- 299 -7043
Internet: hip 9lportal. oienr.orylweblwq@rs
An Equal Opportunity %Affirmative Adon Employer
Be.edtne Love
March 4, 2015
Page 2.0
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
letter and General Certification (s) /Perinit/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 hl 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 may be obtained from the OAH at httn://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 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
Eased transmission..
Mailing address for the OAH
Ifsending via US Postal Service: If sending 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
B.adiu Love
MV64, 2015 -
Pa 3.0
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 concems.
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: Benjamin Craning — B.H. Graning Landscapes, Inc.
Kevin Holland — Duke Energy
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie -NCWRC
Laura Herbert — DEMLR
Ashley Rodgers - DEMLR
G: \WR \WQ\ Jackson \401s\Non - DOT\ Love\APRVL.401LoveHighhalaLotl4 3- 4- 2015.doc