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Home My WebLink About20160099 Ver 1_Approval Letter_20160321Water Resources ENVIRONMENTAL QUALITY March 21, 2016 Judith Fox 19 Cochran View Drive Marion, North Carolina 28752 PAT MCCRORY Governor — DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 16-0099 Burke County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION PROJECT NAME: Fox — 2079 Dockside Drive Dear Ms. Fox: In accordance with your application dated January 26, 2016 and received by this office February 1, 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 0.0032 (acres) 0.0032 (acres) State of North Carolina I Environmental Qualityl WitterResources 2090 US 70 Hlghvay I Swannanoa, North Carolina 28778 828 296 4500 Judith Fox March 21, 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 Certification(s)/Permit/Authorization and is responsible for complying with all conditions. -- 2. The proposed project must comply with the Burke 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 15, 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 fling 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 fling fee is received by the OAH within five (5) business days following the faxed transmission. - Judith Fox March 21, 2016 Page 3 of 3 Mailing address for the OAH: If sending 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 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 ed.williamsna,ncdenr.gov if you have any questions or concerns. Sincerely, G. Land avidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure: GC 3898 Certificate of Completion cc: Gene Renegar (via email) William Elliot - USACE Asheville Regulatory Field Office (via email) Wade Harmon — Duke Energy Peter Minter — Burke County DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G.\WR\WQ\Burke\401s\Non-D0nFox - 2079 Dockside Place\APRVL40I.Fox2079DocksidePl-03212016.docx