20240292 Ver 1_Approval Letter_20240409

DocuSign Envelope ID: 395C1646-151A-4DA3-BAEF-D4A507D1822C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 9, 2024
DWR # 20240292
Burke County
Julie and Michael Kerr
1911 Lake Acres Drive
Hickory, NC 28601-7145
Delivered via email to: [e-mail]
Subject: 401 WATER QUALITY CERTIFICATION COVERAGE
Kerr Shoreline Stabilization
Dear Mr. and Mrs. Kerr:
The Division has reviewed the proposed project as described in your application dated February 20,
2024, and received by the Division of Water Resources (Division) March 4, 2024. These impacts are
covered by the attached Water Quality General Certification Number 4502. This general certification is
associated with the use of U.S. Army Corps of Engineers Wilmington District's Regional General Permit
Number 30. 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, and Water Supply Watershed or State Riparian Buffer regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are covered as described in your application. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount of Impacts
Open Waters 0.003 acres
This acknowledgement is specific for the purpose and design, plans and specifications as described in
your application. 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 Letter and General Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Asheville Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NOR` CAac.I NA �
ommeMme�W 828.296.4500

DocuSign Envelope ID: 395C1646-151A-4DA3-BAEF-D4A507D1822C
Julie and Michael Kerr
DWR# 20240292
401 Certification
Page 2 of 2
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This letter is final and binding unless contested and can be contested as provided in Chapter 150B of the
North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the
North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of
the North Carolina Administrative Code. Additional information regarding requirements for filing a
Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Tyler Hickman at 828-545-2859 or [e-mail] if you have any
questions or concerns.
Sincerely,
/{DocuSignednby:
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SC147F587AE9400...
Andrew W. Moore, P.G.
Regional Supervisor
DWR Asheville Regional Office
Enclosures: GC 4502
Electronic cc: Charlie Washburn, Marine Construction LLC
Brandee Boggs, USACE Asheville Regulatory Field Office
Andrea Leslie, North Carolina Wildlife Resources Commission
Peter Minter, Burke County
Cayce Brennan, Duke Energy Lake Services
DWR 401 & Buffer Permitting Unit file
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
r
828.296A500