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Home My WebLink About20160256 Ver 1_Approval Letter_20160321Water Resources ENVIRONMENTAL QUALITY March 21, 2016 Glenn Kope and Carolyn Sullivan 1945 Yellow Fork Trail Nebo, North Carolina 28761 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION PROJECT NAME: Kope/Sullivan —1945 Yellow Fork Trail Dear Mr. Kope and Ms. Sullivan: Director DWR # 16-0256 Burke County In accordance with your application dated March 10, 2016 and received by this office March 14, 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) 10.0048 (acres) State of North Carolina I Environmental Quality I Water Resources 2090 US 70 Highway I Swannanoa, North Carolina 28778 828 296 4500 Kope/Sullivan 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 March 21, 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.coin/ 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. y Kope/Sullivan March 21, 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 ed.williams@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosure: GC 3898 Certificate of Completion WRC Letter Uc: 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-DOT\Kope Sullivan - 1945 Yellow Fork Trail\APRVL401.KopeSullivanl945YellowForkTr-03212016.docx Williams, Ed From: Leslie, Andrea J Sent: Monday, March 21,2016 12:29 PM To: Williams, Ed Cc: sullivancbl8@gmaii.com Subject: Glenn Kope/Carolyn Sullivan Shoreline Stabilization - NCWRC comments Hi Ed, T have reviewed the information sent to me on the Glenn :Nope/Carolyn Sullivan Shoreline Stabilization project on. Lake James in Burke County. The applicant proposes to stabilize 70 ft of shoreline associated with a dock on Lake James with rip rap. No vegetation will be .removed as part of this project. We do not object to the project as long as it addresses an active and appreciable shoreline erosion problem. 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 terrestrial and aquatic wildlife: 1. .Any shoreline stabilization should belimited the area of appreciable erosion. 2. Large woody debris should be left .in place or .moved temporarily and. replaced after stabilization work is corn.pl.ete. 3. We recommend the use of bioengineering techniques over hardening where possible. 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 Waynesville, NC 28786 828-558-601.1; 828-400-4223 (cell) www.ncwildli.fe.org Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife. Resources Commission. E snail correspondence to and From this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.