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HomeMy WebLinkAbout20150335 Ver 1_Approval Letter_20150422NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 22, 2015 Terry Melton 4736 Crystal Falls Avenue Hickory, North Carolina 28601 Donald R. van der Vaart Secretary DWR # 15 -0335 Caldwell County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION 4736 Crystal Falls Avenue, Hickory, NC Dear Mr. Melton: In accordance with your application dated April 9, 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 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. 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 2090 U.S. Hwy. 70, Swannanoa, North Carolina 28778 Phone: 828 - 296 -45001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made In part by recycled paper Amount Approved Type of Impact Permanent Above Pool Below Pool Open Waters 0.0057 acres 0.0057 (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 2090 U.S. Hwy. 70, Swannanoa, North Carolina 28778 Phone: 828 - 296 -45001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made In part by recycled paper 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) /Permit/Authorization and is responsible for complying with all conditions. 2. 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 OAH during normal office hours (Monday through Friday between 8:OOam and 5: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: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 . -- r This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described in 15A NCAC 02H 0.500. Please contact Ed Williams at 828 - 296 -4686 or ed.williamsgncdenr.gov if you have any questions or concerns. Sincerely, 'F""�a z G. Land VtyRegional n, P.G., Regional Supervisor Water Q Operations Asheville Regional Office Enclosures: GC 3898 Catawba Buffer Fact Sheet Certificate of Completion cc: Wade Harmon — Duke Energy Caldwell County Planning Tasha Alexander - USACE Asheville Regulatory Field Office (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\ WR\ WQ\Caldwell \401sWon- DO'1\Melton 4736 Crystal Falls Avenue\ APRVL401. Melton4736CrystalFallsAvenue .04222015.doc