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Home My WebLink About20160119 Ver 1_Approval Letter_20160304Water Resources ENVIRONMENTAL QUALITY Joseph D. Markiewicz 3809 Duxford Drive Raleigh, North Carolina 27614 PAT MCCRORY si Governor ONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director March 4, 2016 DWR #116-0119 McDowell County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Markiewicz - 96 Cordova Drive Dear Mr. Markiewicz: You have our approval for the impacts listed below for the purpose described in your application dated February 3, 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 I Below Pool 0.0146 (acres) 10.0146 (acres) State of North Carolina Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway, Swannanoa, North Carolina 28778 828/296-4500 Markiewicz— 96 Cordova Dr March 4, 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 Plan. 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 (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. ,.Markiewicz — 96 Cordova Dr March 4, 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 1.601 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 ed.williams@ncdenr.g_ov 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\401s\Non-DOT\Markiewicz - 96 Cordova Dr\APRVL401.Markiewicz-96CordovaDr.02-29-2016.docx i/ i Williams, Ed From: Leslie, Andrea J Sent: Thursday, February 25, 2016 3:31 PM To: Williams, Ed Cc: Carissa Parker Subject: Markiewicz Shoreline Stabilization - Arbor Lots 91, 92, 96 - NCWRC comments - - Hi Wilha.m, I have reviewed the information sent to me on. the Marki.ewicz Shoreline Stabilization projects for Lots 91., 92, and 96 on Lake James irt McDowell County. The applicant proposes to stabilize shoreline on Lake James with rip rap. The length of shoreline for the projects are as follows: (1.) Lot 91, 106 ft, (2) Lot 92,103 .ft, (3) Lot 96, 318 ft. We do not object to the projects as long as they address an active and appreciable shoreline erosion problem. No tree removal will be associated with these projects. 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, an.d 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 terrestrial and aquatic wildlife: 1. Any shoreline stabilization should be l.irn.ited 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 the use of bioengineerin.g techniques over hardening. Thank you .for the opportunity to review an.d. comment on this project. I'l.ease contact me if you have any questions about these comments or need further assistance. Andrea Andrea Leslie Mountain Habitat Cornservation Coordinator NC Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 828-558-601.1.; 828-400-4223 (cel1) www.ncwildlife.org .