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HomeMy WebLinkAbout20151235 Ver 1_Approval Letter_20160211NCO WaterResources ENVIRONMENTAL QUALITY m�u7 ON k� February 11, 2016 PAT MCCRORY G YAm- ALD R. VAN DER VAART SYTZO S. JAY ZIMMERMAN DL.. D WR 4 15-1235 Jackson County Lawrence Deangelo 3811 Dumbarton Road Atlanta, GA 30327 Subject: APPROVAL OF. 401 WATER QUALITY CERTIFICATION Deangelo — Lot 11 — (PIN 7564-31-0398) - Lake Glenville Dear Mr. Deangelo: In accordance with your application dated November 20, 2015, and additional information sent via email on February 3, 2016, approval has been grantedfor the impacts listed in the table below. Thisapproval requires you to follow the conditions listed in the enclosed certitication(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. IMPACTSAPPROVED 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 Amount Approved Permanent Open Waters Above Pool I Below Pool 0.0137 (acres) 10.0137 (acres) Sleh dNOM Carolina l 6nvvonmeMel Quality l Wattt R.. 2090USHw 701 SwIULmo,Noa Cmnlwa 28718 8282964500 Deangelo — Lot 1 I Page 2 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)/Penrut/Authorizafion and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)] 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 [15A NCAC 0211.0507 (c)] 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 a 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. [15A NCAC 02H :0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)] S. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated January 6, 2016 (attached). Dcangeto — Lot ll page 3 This approval and its conditions are final and binding unless contested. This Certificationcan 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 http://www:ncoab.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 8:0(tam 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 alongwith any applicable OAH filing fee is received by the OAH 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 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 Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh; NC 27699-1601 DeanEelo — Lot 11 Page 4 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 Tim Fox at 828-296-4664 or tim.foxancdenfeov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion NCWRC letter dated January 6, 2016 cc: DWR ARO 401 files ec: Danny Mullins - Agent Kevin Holland Duke Energy David Brown - USACE Asheville Regulatory Field Office Andrea Leslie - NCWRC Stan Aiken — DEMLR Ashley Rodgers - DEMLR G:\WR\WQ\fukson\40lsWon-DOT\Deangelo - Lot I I Lake GI.ville\APRVL.401Deaagelo-Lot112-I1-16.docx