20160118 Ver 1_Approval Letter_20160309

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FILM
PAT MCCRORY
N
Governor
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QVALITY
Director
March 9, 2016
DWR # 16-0118
McDowell County
Joseph D. Markiewicz
3809 Duxford Drive
Raleigh, North Carolina 27614
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Markiewicz Memory Lane Lot 5
Dear Mr. Markiewicz:
You have our approval for the impacts listed below for the purpose described in your application
dated February 4, 2016, and received by the Division of Water Resources (Division) February 8,
2016, 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
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.2497 (acres)
0.3495 (acres)
State of North Carolina I Environmental Quality I Water Resources
Asheville Regional Operations Center
2090 US 70 Highway, Swannanoa, North Carolina 28778
828/296-4500

Markiewicz — Memory Lane Lot 5
March 9, 2016
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
Certifications)/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(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 Plana
4. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources commission (NCWRC) comment letter dated February 25, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506 (b)(2)]
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 http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 [phone], 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.

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Markiewicz — Memory Lane Lot 5
�t March 9, 2016
Page 3 of 3
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 also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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
[e-mail] 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)
William Elliot USACE Asheville Regulatory Field Office (via email)
Wade Harmon — Duke Energy
Ron Harmon — McDowell County Planning
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\McDowell\401sWon-DOT\Markiewicz - Memory Lane Lot 5\APRVL401Markiewicz-MemoryLane—Lot5..02-29-2016.docx

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Williams, Ed _
From: Leslie, Andrea 1
Sent: Thursday, February 25, 2016 3:00 PM
To: Elliott, William A SAW
Cc: Williams, Ed; Carissa Parker
Subject: Markiewicz (The Point) Shoreline Stabilization - NCWRC comments
Follow Up Flag: Follow up
Flag Status: Flagged
Hi William,
I have reviewed the information sent to me on the Markiewicz (The Point) Shoreline Stabilization on Lake
Jaynes in McDowell County. The applicant proposes to stabilize 2,175 feet of shoreline on Lake James with rip
rap.
The project will. not impact wild. trout, and project activities do not need. to be avoided during the trout
moratorium. We do not object to the project as Long as it addresses an active and appreciable shoreline erosion
problem.. The photos provided show erosion, but is unclear if they represent the entire 2,175 feet of la.keshore;
we recommend that any shoreline hardenirlg be limited to an actively eroding area.
The shoreline is covered with mature trees and shrubs, and downed trees lay along the shore, providing
important habitat .for wildlife. Fallen trees and other large woody debris along the shoreline are especially
important, providing cover for various sunfish, largemouth bass, and other fishes in the lake. In. addition,
trees and shrubs above the waterline not only stabilize banks but also serve as habitat for wildlife such. as song
birds.
We offer the following recommendations to minimize impacts to ter..rest-.rial. and aquatic wildlife:
1. Any shoreline stabilization should be limited the area. of appreciable erosion.
2. Large woody debris should be left in place or .moved temporarily and replaced after stabilization work is
complete.
3. We recommend that the landowner retain as many shoreline trees and shrubs as possible.
4. We recommend the use of bioengineering techniques over hardening. Regardless of the method used to
stabilize the bank, we recommend that native trees and shrubs be planted within the project footprint.
Thank you for the opportunity to review and comment on this project. Please contact me if you have any
questions about these comments or need further assistance.
Andrea
Andrea Leslie
Mountain. Habitat Conservation Coordinator.
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway

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