20110711 Ver 1_Approval Letter_20110831

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 31, 2011
James Dunn
4409 W. Dale Ave.
Tampa, FL. 33609
Subject: 401 Water Quality Certification - Approval
James Dunn Lot 119
DWQ Project # 11 -0711
Burke County
CTB / Lake James / l l-(23) / WS-V, B
Dear Mr. Dunn:
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 184 linear feet of open waters for the
purpose of shoreline stabilization 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
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. No buffer impacts are approved, work is to be performed lakeside.
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.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
?atura!!r?
James Dunn
August 31, 2011
Page 2 of 2
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 below normal 0.008 (acres) Application #7
pool level
Waters above normal 0.004 (acres) Application #8.a.
pool level
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 Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
7V
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? oleen H. Sullins, Director
CHS/lsw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Duke Energy-Wade Harmon
Burke County Planning-Pete Minter
401 Permitting Unit - Central Office
File Copy
Bennick Enterprises-Carissa (e-copy)
S:\SWP\Burke\401s\Non-DOT\Dunn Lotl19\Dunn.Approval.Aug201 Ldoc