HomeMy WebLinkAbout20151235 Ver 1_Approval Letter_20160211NCO
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ENVIRONMENTAL QUALITY
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February 11, 2016
PAT MCCRORY
G YAm-
ALD R. VAN DER VAART
SYTZO
S. JAY ZIMMERMAN
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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