HomeMy WebLinkAbout20150688 Ver 1_Approval Letter_20150805NCDaEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 5, 2015
Chris and Nichole Bedell
4415 W. Culbreath Avenue
Tampa, Florida 33609
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: 1050 Ten Whigs Ridge
Dear Mr. and Mrs. Bedell:
Donald R. van der Vaart
Secretary
DWR # 15 -0688
Burke County
In accordance with your application received on July 13, 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.
Type of Impact
Open Waters
Amount Approved
Permanent
Above Pool I Below Pool
0.0028 (acres) 0.0041 (acres)
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
Bedell
August 5, 2015
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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) /Permit/Authorization and is responsible for complying with all
conditions.
2. The riparian area along the lakeshore appears to be well vegetated. Please make every
effort to minimize the removal and disturbance of trees and shrubs. If vegetation is
disturbed, follow restoration guidelines contained in the attached EEP Guidelines for
Riparian Buffer Restoration.
3. The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Resources under the Catawba River Basin: Protection
and Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(3)(b).
4. Stabilization techniques must meet the General Conditions listed in the Shoreline
Stabilization Technique Selection Process found in Duke Energy's Shoreline
Management Guidelines for the Catawba - Wateree river system 2006 Shoreline
Management Plan.
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 httD: / /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 faxed transmission.
Bedell
August 5, 2015
Page 3 of 3
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
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Ed Williams at 828 - 296 -4686 or
ed.williamsaa,ncdenn aov 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
EEP Guidelines for Riparian Buffer Restoration
cc: Carissa Parker — Bennick Enterprises, LLC (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy
Peter Minter — Burke County
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G \WR \WQ\Burke \401s\Non- D0T\l050 Ten Whigs Ridge\APRVL401 1050TenWhigsRidge 08052015 doc