HomeMy WebLinkAbout20150891 Ver 1_Approval Letter_20150924North Carolina Department of Environmental Quality
Pat McCrory
Governor
September 24, 2015
Brad Fisher
Oak Mark Investments
2042 Maynard Road
Charlotte, North Carolina 28270
Donald R. van der Vaart
Secretary
DWR # 15 -0891
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: Oak Mark Investments — 515 Hunt Camp Drive
Dear Mr. Fisher:
You have our approval for the impacts listed below for the purpose described in your application
dated August 13, 2015, received by the Division of Water Resources (Division) August 31, 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 Below Pool
0.0444 (acres) 0.0296 (acres)
North Carolina. Division of Water Resources — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, N.C. 28778
Phone (828) 296 -4500
FAX (828) 299 -7043
Internet: http :l /portal.nodenr.org /weblwq/
An Equal Opportunity /Affirmative Action Employer
Oak Mark Investments
September 24, 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 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 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 OAH at htt-o: / /www.neodh.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 5:00 _p m, excluding official state
holidays).
The petition may be faxed to the- OAH at (919j,43 1 =3 f 00, 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
'Oak Mark Investments
September 24, 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.williamsa,ncdenr.gov 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 files
DWR 404 and Buffer Permitting Unit
GAWR \WQ\McDowe11\401 s\Non- DOT\Oak Mark Investments - 515 Hunt Camp
Drive \APRVL40I.OakMarklnvestments515 HuntCampDr.09242015. doc