HomeMy WebLinkAbout20230421_BattenShorelineStabilization_APPRVL
North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
April 21, 2023
DWR # 20230049
Rutherford County
Susan F. Batten
79 Ponte Verda Beach Blvd
Ponte Verda Beach, FL 32081
Delivered via email to: mrbjax@gmail.com
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Batten Shoreline Stabilization
Dear Ms. Batten:
The Division has reviewed the proposed project as described in your application dated January 9, 2023,
received by the Division of Water Resources (Division) January 13, 2023, with subsequent information
on April 4, 2023. These impacts are covered by the attached Water Quality General Certification
Number 4502. This general certification is associated with the use of U.S. Army Corps of Engineers
Wilmington District’s Regional General Permit Number 30. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed or State Riparian
Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are covered as described in your application. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Open Waters Above Pool Below Pool
0.002 (acres) 0.004 (acres)
This acknowledgement is specific for the purpose and design, plans and specifications as described in
your application. 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 Letter and General Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
DocuSign Envelope ID: CDCF7D67-C48A-49EA-AFD9-A9E56BC497F1
North Carolina Department of Environmental Quality | Division of Water Resources
Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778
828.296.4500
Susan F. Batten
DWR# 20230049
401 Certification
Page 2 of 2
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Asheville Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the
North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the
North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of
the North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s
Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Joey Winston at 828-785-9171 or joey.winston@ncdenr.gov if you have any
questions or concerns.
Sincerely,
For
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
Enclosures: GC 4502
Electronic cc: Vic Knight & Rob White, Knight Strategies
Shannon Healy, USACE Asheville Regulatory Field Office
Stan Aiken, NC DEMLR
DWR 401 & Buffer Permitting Unit file
DocuSign Envelope ID: CDCF7D67-C48A-49EA-AFD9-A9E56BC497F1