20150804 Ver 1_Approval Letter_20150827

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 27, 2015
DWR # 15 -0804
McDowell County
Brent Wise
26 Lake Club Lane
Nebo,, North Carolina 28761 -- -- - - - -- - -- — ----- -- -- - -- - -- - - -- -
Subject: APPROVAL OF 401 WATER,QUALITY CERTIFICATION
PROJECT NAME: Wise — 26 Lake Club Lane
Dear Mr. Wise:
You have our approval Tor the impacts listed below for the purpose described in your application
dated June 30, 2015, received by the Division of Water Resources (Division) August 7, 2015,
approval has been granted for the impacts listed in the table below. This approval requires you
to follow the conditions listed in the encllosed certification(s). or general permit and any
additional conditions listed below.
Project impacts are cove red. 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 notlimited 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 j
0.004 (acres) 1 0.0061 (acres)
2090 U.S. Hwy. 70, Swannanoa, North Carolina 28778
Phone: 828 - 2964500 \ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Wise
August 27, 2015
Page 2 of 3
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 yourproject, 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 proposed project must comply with the McDowell 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(b).
3. 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 OA14 at httb: / /;v w.ncoab.com/.or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered f led when the
original and one (1) copy along with any applicable OAH filing fee is received `inthe OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition maybe faxed to the OAH at (9.19).431-3 100, 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
1

Wise
August 27, 2015
Page 3 of 3
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.williamsnu,ncdenr.aov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville, Regional Office
cc: Carissa Parker — Bennick Enterprises, LLC (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
Wade Harmon Duke Energy
Ron Harmon McDowell County Planning
DWR ARO 401 f les 7
DWR 401 and Buffer Permitting Unit
G:\ WR \WQ\McDowell \401s\Non- DOT\Wise - 26 Lake Club Lane\ APRVL401 .Wise26LakeClubLn.08272015.doc