20180170 Ver 1_Approval Letter_20180309

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Water Resources
Environmental Quality
March 9, 2018
Richard D. Lewis
1505 Alydar Ct
Waxhaw, NC 28173
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 18-0170
McDowell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Lewis, Lot 139 The Peninsula — Lake James
Dear Mr. Lewis:
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 February
5, 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. 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
Above Pool
Below Pool
0.0099 (acres)
0.0148 (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
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
State of North Carolina I Environmental Quality
2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828-296-4500

Lewis, Lot 139 The Peninsula
DWR # 18-0170
401 Approval
Page 2 of 3
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 McDowell 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. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre-existing grassed lawns must be replanted with grass. 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.)
Restoration 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), 15A NCAC 02H.0506 (b)(3), and Table of Use
for Catawba River Buffer Rule]
5. 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 http://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
Lewis, Lot 139 The Peninsula
DWR # 18-0170
401 Approval
Page 3 of 3
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.annino a,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
cc: William Elliot — USACE (via email)
Andrea Leslie — NCWRC (via email)
Ron Harmon — McDowell County Planning (via email)
Wade Harmon — Duke Energy (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\McDowell\401s\Non-DOT\Lewis - Lot 139, The Penninsula\20180309_Lewis Lot 139 The Peninsula APRVL.docx