HomeMy WebLinkAbout20150907 Ver 1_Approval Letter_20150929North Carolina Department of Environmental Qualllty "' I
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 29, 2015
DWR # 15 -0907
Jackson County
Katherine Niehaus
3540Cocbise Drive .SE
Atlanta, GA 30339
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Niehaus —1091 Woods Mountain Trail - Lake Glenville
Dear Ms. Niehaus
In accordance with your application dated August 19, 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 certi6cation(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.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone . 919 - 707- 86001 Internet: w nedenr.gov
M Egvel OppoMnity I Aarmonve Adon Employer - Made in Parl by r000led Asper
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0034 (acres)
0.0023 (acres)
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone . 919 - 707- 86001 Internet: w nedenr.gov
M Egvel OppoMnity I Aarmonve Adon Employer - Made in Parl by r000led Asper
Katherine Niehaus
DWR # 15 -0907
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 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. 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 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. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
3. 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.
4. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide . each of its contractors and/or agents associated with the construction or
maintenance of this project with copy of this Certification. A copy of this- Certification, -
including all conditions shall be available at the project site during the construction and
maintenance of this project. t 15A NCAC 0211.0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)l
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 atht!p: / /www.ncoah.com/ or by calling the DAD
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 GAD within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Katherine Niehaus
DWR # 15 -0907
Page 3 of 3
Ifsending 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 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 0.500. Please contact Tim Fox at 828 - 296 -4664 or
tim.fox0ncdenr.eov if you have any questions or concerns.
Sincerely,
�C—
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: DWR ARO 401 files
ec: Kevin Holland – Duke Energy
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
Stan Aiken – DEMLR
Ashley Rodgers - DEMLR
G: \WR \WQUackson \401s\Non- DOT \Niehaus - Lake Glehvil le\APRVL.401Niehaus9- 29- 15.doc