20180141 Ver 1_Approval Letter_20180215

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Water Resources
Environmental Quality
February 15, 2018
Dirk Burleson
123 Somerset Place
Marion, NC 28752
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 18-0141
Burke County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Burleson, 3092 W Moonlight PI — Lake James
Dear Mr. Burleson:
You have our approval for the impacts listed below for the purpose described in your application
dated January 23, 2018, and received by the Division of Water Resources (Division) on January
28, 2018, with additional information received on February 9, 2018. These impacts are covered
by the attached Water Quality General Certification Number 4145 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:
1. 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. This
approval includes grading along 190 feet of the shoreline to achieve a 1:1 slope. No other
impacts are approved, including incidental impacts. [ 15A NCAC 02H .0506(b) and/or
(c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0087 (acres)
0.0087 (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
State of North Carolina I Environmental Quality
2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828-296-4500

Burleson, 3092 W Moonlight PI
DWR# 18-0141
401 Approval
Page 2 of 4
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.
5. The Permittee shall replant the vegetation within temporarily disturbed areas located
within 30 feet of the shoreline in an "in kind" manner immediately following
construction. (Example: Disturbed areas with pre-existing grassed lawns can be
replanted with grass or trees and woody vegetation. Disturbed areas with pre-existing
trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed
areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to
provide 260 trees per acre at maturity. This density can usually be achieved by planting
approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Replanting of
trees/shrubs/forest must be completed by the first subsequent planting season (November
1 through March 30). Note, if the tree plantings do not survive, they will need to be
replaced such that the density is sufficient to provide 260 trees per acre at maturity. [ 15A
NCAC 02H.0507 (c)]
6. The access corridor(s) must be the minimum width required to get the construction
equipment to the shoreline and shall not exceed 15 feet in width. The number of access
corridors should be limited to the minimum number required to get the construction
equipment to the shoreline (many times only a single corridor is required) and shall not
exceed 2 corridor(s). The access corridor(s) should cross the buffer as close to
perpendicular as practicable and disturbance to existing vegetation should be minimized.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Shoreline Stabilization Form.
All construction activities, including the design, installation, operation, and maintenance
of sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H
.0507 (c)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Burleson, 3092 W Moonlight PI
DWR# 18-0141
401 Approval
Page 3 of 4
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 hM2://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
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.annin0&ncdenr.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 4145
Certificate of Completion

Burleson, 3092 W Moonlight PI
DWR# 18-0141
401 Approval
Page 4 of 4
cc: William Elliot — USACE (via email)
Andrea Leslie — NCWRC (via email)
Peter Minter — Burke County Planning (via email)
Wade Harmon — Duke Energy (via email)
DWR ARO 401 files
G:\WR\WQ\Burke\401s\Non-DOT\Burleson - 3092 W Moonlight Pl\20180215_Burleson 3092 W Moonlight PI APPRVL.docx