20091268 Ver 1_Approval Letter_20091208

Beverly Eaves Perdue
Governor
December 8, 2009 A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
David Fortin
Post Office Box 3584
Morganton. North Carolina 28680
Subject: 401 Water Quality Certification - Approval
David Fortin LOT 116
DWQ Project # 20091268
Burke County
CTB30 / Lake James / l l-(23)/ Class WS-V, B
Dear Mr. Fortin:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject
project listed above.
Approval has been granted to place fill within or otherwise impact 83 linear feet of shoreline for the purpose of shoreline
stabilization and water access at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3693. This Certification allows you to use
Regional General Permit 30 when issued by the US Army Corps of Engineers (USACE). Authorization to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the corresponding USACE General Permit Verification. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your
project including (but not limited to) Erosion and Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project, you must
notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 83 (linear feet) Stabilization
Additional Conditions
1. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the protected stream buffers such that it will not re-concentrate before discharging into waters
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748 NorthCarolina
Internet: www.newaterquality.org
;Vaturallrf
An Equal Opportunity 1 Affirmative Action Employer
Strife Shoreline Stabilization
December 8, 2009
Page 2 of 2
2. Burke County Catawba Buffer Ordinance
The proposed project must comply with the Burke County local riparian buffer ordinance approved by the
Division of Water Quality under the Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers, 15A NCAC 02B .0243(b).
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A
NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard.
4. Rip-Rap Installation
Riprap shall be placed as a linear protective measure upon the natural or re-graded slopes. Stone used in
stabilization shall be a random size, varying from Class B riprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be replanted in accordance with the
attached Guidelines for Riparian Buffer Restoration.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are
final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please contact Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Eric: GC3693
Certificate of Completion
Catawba River Buffer Rule
Guidelines for Riparian Buffer Restoration
cc: Carissa Castle, Bernick Enterprises, LLC - Ecopy
USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
G:\WPDATA\DEMWQ\Burke\401 s\09-1268. Fortin. ShorelineStabil.approval. doc