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Home My WebLink About20150834 Ver 1_Approval Letter_20150909A t o NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 9, 2015 Clifford Kitten FLP Mr. Clifford Kitten PO Box 73328 Houston, TX 77273 Donald R. van der Vaart Secretary DWR # 15 -0834 Henderson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Kitten —194 South Lake Summit Road Dear Mr. Kitten: You have our approval for the impacts listed below for the purpose described in your application dated July 27, 2015, and received by the Division of Water Resources (Division) on August 18, 2015, with subsequent information on September 3, 2015. These impacts are covered by the attached Water Quality General Certification Number 3898 and the additional 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 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, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. 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. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Amount Approved Permanent Open Waters Above Pool I Below Pool 0.069 (acres) 0.026 (acres) Division of Water Resources — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -4500 \ FAX: 828- 299 -7043 Internet: http: / /portal.ncdenr.org /web /wq /ws An Equal Opportunity \ Affirmative Action Employer Kitten —194 South Lake Summit Road DWR# 15 -0834 401 APPROVAL Page 2 of 3 This approval is for the purpose and design described in your application and additional information submitted on September 3, 2015. 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) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. All mechanized equipment operated near surface waters will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A] 4. All temporary impacted areas shall be restored to pre- construction natural conditions upon completion of the project. Native vegetation shall be used for bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. 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 or stream flows 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. All exposed soils, above the stabilized area, to a distance of 30 feet from the top of bank shall be replanted with native vegetation in accordance with Duke Energy Shoreline Management Guidelines. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. [15A NCAC 02H .0507 (c)] This approval and its conditions are final and binding unless contested. [G.S. 143- 215.51 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 htti): / /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. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Kitten —194 South Lake Summit Road DWR# 15 -0834 401 APPROVAL Page 3 of 3 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 by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828 - 296 -4662 or zan.price @ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: Mark Garren — Gap Creek Landscape Construction (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Wade Harmon — Duke Energy Lake Services (via email) Melissa King — Division of Energy, Mineral, and Land Resources (via email) Natalie Berry— Henderson County (via email) Andrea Leslie — NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Henderson \401s \Non -DOT \Kitten - 194 South Lake Summit Rd \APRVL.401 Kitten -194 South Lake Summit.doc