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Home My WebLink About20180584 Ver 1_Approval Letter_20180601 State of North Carolina | Environmental Quality 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828-296-4500 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources Environmental Quality June 1, 2018 DWR # 18-0584 Caldwell County David Howard 2101 Stonehenge St Newton, NC 28658 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Howard, Marblestone Dr Lot C – Lake Rhodhiss Dear Mr. Howard: You have our approval for the impacts listed below for the purpose described in your application dated April 22, 2018, and received by the Division of Water Resources (Division) on April 27, 2018. These impacts are covered by the attached Water Quality 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 comply with the following conditions listed in the enclosed certification or general permit and the following 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 at the shoreline to achieve a 2:1 slope. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0243] Type of Impact Amount Approved Permanent Open Waters Above Pool Below Pool 0.0107 (acres) 0.0197 (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 Howard, Marblestone Dr Lot C DWR # 18-0584 401 Approval Page 2 of 3 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. [15A NCAC 02H .0507(d)(2)] 3. 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)] 4. Stone used in stabilization 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. [15A NCAC 02H .0507 (c)] 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 thirty (30) 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 (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. Howard, Marblestone Dr Lot C DWR # 18-0584 401 Approval Page 3 of 3 Mailing address for the OAH: If sending by First Class Mail via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 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 and the Catawba Riparian Buffer Rules as described in 15A NCAC 02H .0500 and 15A NCAC 02B .0243. Please contact Amy Annino at 828-296-4656 or amy.annino@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) Wade Harmon – Duke Energy (via email) DWR ARO 401 files G:\WR\WQ\Caldwell\401s\Non-DOT\Howard, Marblestone Dr Lot C\20180601_Howard, Marblestone Dr Lot C_APRVL.docx State of North Carolina | Environmental Quality | Water Resources 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 828-296-4500 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Water Resources Environmental Quality WR Project No.: __________________ County: ____________________________________ Applicant: __________________________________________________________________________ Project Name: ______________________________________________________________________ Date of Issuance of 401 Water Quality Certification: ________________________________________ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ Agent’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ If this project was designed by a Certified Professional I, ____________________________________, as a duly registered Professional ___________ (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________________ Registration No. ________________ Date ____________________