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HomeMy WebLinkAbout20160900 Ver 1_401 Application_20160916 (2)k IC WaterRe50urce5 ENVIRONMENTAL OUAIITY PAT MCCRORY -n I G—' 90NALD R. VAN DER VAART September 27, 2016 Secretary S. JAY ZIMMERMAN Director DWR # 16-0900 .Jackson County Easter Pointe LLC Attn: Jerry Srebalus, Manager PO Box 339 Cashiers, NC 28717-0339 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Easter Lane Lot 4 - Lake Glenville Dew Mr. Srebalus: In accordance with your application dated September 13, 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 WatersAbove Pool I Below Pool 0.0146 acres 0.0091 (acres) State aNOA CaroWe IE'.TVM i Quality I W'V'Re.o ' 2090 US Hwy 701 Swavoeuoe, NOM C Iiva 28778 8282964500 Strebalus — Easter Lane Lot 4 Page 2 ADDITIONAL CONDITIONS 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. [15ANCAC 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 instabilization 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 02H.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. The pemnitee 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)] 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. Strebalus— Easter Gane Lot 4 Page 3 A petition form may be obtained from the OAH at htto://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 maybe 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. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending 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 Strebalos — Easter Lane Lot 4 Page 4 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC 021.0500. Please contact Tim Fox at 828-296-4664 or tim.fox(.ncdem.gov if you have any questions or concerns. Sincerely, Zan Pnce P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3898 Certificate of Completion cc: D WR ARO 401 files ec: Ben Odom— Odom's Landscaping Kevin Holland — Duke Energy David Brown - USACE Asheville Regulatory Field Office Andrea Leslie - NC WRC Stan Aiken — DEMLR G:\WR\WQVaduonWOls\Noo-DOT\strebelus-Easter Lane Lot 4WRVL401Stmbalus-EnterLa Lot49-26-2016.doox