20151044 Ver 1_Approval Letter_20151023

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North Carolina Department of Environmental Quality
ZJ
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 23, 2015
DWR # 15 -1044
Burke County
Robert W. Schultz
1658 Braxton Gate Drive, -
Morganton, North ;Carolina 28655
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: 1658 Braxton Gate Drive
Dear Mr. Schultz:
In accordance with your application dated September 29, 2015 and received by this office October '
14, 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 APPROVE]) ,
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. 5
Type of Impact Amount Approved 3
Permanent ,
Open Waters
Above Pool Below Pool
O
p 0.0073 (acres) 0.0073 (acres) ,
x
North Carolina Division of Water Resources — Asheville Regional office
2090 U.S. Highway 70, Swannanoa, N.C. 28778
Phone [phone]
FAX [phone]
Internet: hftp : / /portal.ncdenr.org /webtwq/
An Equal Opportunity/Affirmative Action Employer

Robert W. Schultz
October 23, 2015
Page 2 of 3
t
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 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, 15ANCAC 02B .0243(3)(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 Admimstrative`Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at httir//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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New. Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must als&be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Robert W. Schultz
October 23, 2015
Page 3 of 3
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.williams(a,ncdenn2ov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosure: GC 3898
Certificate of Completion
cc: Carissa Parker Bennick Enterprises LLC (via email - carissa @bennickgrading.com)
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- DOT\Schultz - 1658 Braxton Gate Rd\ APRVIAO1. Schultz1658BraxtonGateDr .10232015.doc

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