20171330 Ver 1_Approval Letter_20171127

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Water Resources
Environmental Quality
November 27, 2017
Karen Kaufman & Peter Winocur
2 Tara Ct
Lake Grove, NY 11755
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1330
Burke County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Kaufman & Winocur, 1752 Yellowfork Trail — Lake James
Dear Ms. Kaufman and Mr. Winocur:
You have our approval for the impacts listed below for the purpose described in your application
dated October 5, 2017, and received by the Division of Water Resources (Division) on October
20, 2017. These impacts are covered by the attached Water Quality General Certification
Number 4098 and the additional 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 any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
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. [I 5A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters 1
Above Pool
Below Pool
0.0156 (acres)
0.0234 (acres)
2. 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
{'Noticing Compares_.
State of North Carolina I Environmental Quality
2090 U.S. Highway 701 Swannanoa, North Carolina 28778
828-296-4500

Kaufman & Winocur, 1752 Yellowfork Trail
DWR# 17-1330
401 Approval
Page 2 of 3
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. [I 5A NCAC 02H .0507(d)(2)]
3. 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).
4. 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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 hlip://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:OOam and 5:OOpm, 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.
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:
William F. Lane, General Counsel
Department of Environmental Quality

Kaufman & Winocur, 1752 Yellowfork Trail
DWR# 17-1330
401 Approval
Page 3 of 3
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Amy Annino at 828-296-4656 or
amy.anninogncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4098
Certificate of Completion
cc: Wade Harmon — Duke Energy (via email)
Peter Minter — Burke County (via email)
Carissa Parker — Landowner Agent (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Burke\401s\Non-DOT\Kaufman & Winocur - 1752 Yellowfork Trail\20171127_APRVL. Kaufman & Winocur 1752 Yellowfork
Trail.docx