20190747 Ver 1_Approval Letter_20190730

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Raphael and Laura Seth
233 Wales Ave
Charlotte, NC 28209
NORTH CAROLINA
Environmental Quality
July 30, 2019
DWR # 19-0747
Caldwell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Seth, 5660 Anchor Dr — Gunpowder Creek
Dear Mr. and Mrs. Seth:
You have our approval for the impacts listed below for the purpose described in your application
dated May 21, 2019, and received by the Division of Water Resources (Division) on June 5,
2019. 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:
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. [15A NCAC 02B .0243]
EQ�p
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
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nwm,em of eem­ipi oviRv 828.296.4$00

Seth, 5660 Anchor Dr
DWR# 19-0747
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0110 (acres)
0.0028 (acres)
Type of Impact
Amount Approved
Tem orar
Open Waters
Above Pool Below Pool
0.00 (acres) 0.000 (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
Certification(s)/Permit/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
3. 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. [I 5A NCAC 02H .0507 (c)]
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. No Impacts Beyond those in Application
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. The turbidity standard of
50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in [ 15A NCAC
02B .0211 (21)]. Appropriate sediment and erosion control practices must be used to meet
this standard. Gunpowder Creek is classified as WS -IV; CA.
6. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [ 15A NCAC 02B .0200] including

Seth, 5660 Anchor Dr
DWR# 19-0747
401 Approval
Page 3 of 4
but not limited to sediment impacts, and any violation of state regulated riparian buffer rules
[15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall contain
a description of the noncompliance, and its causes; the period of noncompliance, including
exact dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
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 [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 by First Class Mail 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

Seth, 5660 Anchor Dr
DWR# 19-0747
401 Approval
Page 4 of 4
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
[e-mail] if you have any questions or concerns.
Sincerely,
/fan, Ki,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4145
Certificate of Completion
cc: Amanda Jones — USACE (via email)
Cayce Walker — Duke Energy (via email)
Shelly Stevens — Caldwell County Planning Dept (via email)
DWR ARO 401 files
G:\WR\WQ\Caldwell\401s\Non-DOT\Seth Anchors Landing\20190730_Seth, 5660 Anchor Dr APRVL.docx