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HomeMy WebLinkAbout20101040 Ver 1_Approval Letter_20110104Beverly Eaves Perdue Governor January 4, 2011 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Elizabeth Bethal Glazebrook 716 North East Shore Drive Lake Toxaway, North Carolina 28747 Subject: 401 Water Quality Certification - Approval Glazebrook Seawall DWQ Project # 2010-1040 Transylvania County SAV02 / Taxaway River (Lake Toxaway) / 4-(1) / Class B, Tr Dear Mrs. Glazebrook: Dee Freeman Secretary The Division of Water Quality 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 waters for the purpose of boat access and boat house repair 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 3687. This Certification allows you to use Nationwide Permit 3 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 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 Trout 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 Seawall Repair - natural rock 0.03 (acres) Application Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-29645001 FAX: 828-299-70431 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina I aturall? Elizabeth Bethal Glazebrook 01/04/2011 Page 2 of 2 Additional Conditions • A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward to provide wildlife habitat. Please reference attached diagram. 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, !?? Z?2-tn? A U Coleen H. Sullins, Director CHS1khb Enc: GC3687 Certificate of Completion Dry Stack Boulder Wall Design Guidelines cc: USACE Asheville Regulatory Field Office 401 Permitting Unit - Central Office David McHenry - NC Wildlife Resources Commission File Copy S:\SWP\Transylvania\401 s\Non-DOT\Glazebrook.Toxaway\Glazebrook.Appv1.01-4-1 l.doc