HomeMy WebLinkAbout20130024 Ver 1_Approval Letter_20130129FWA
Rrc6VER-
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
January 29, 2013
Mr. Mark Simpson
P.O. Box 545
Dillsboro, NC 28725
Subject: 401 Water Quality Certification - Approval
Bear Lake Property Management — Mark Simpson
DWQ Project # 13 -0024
Jackson County
LTN02 / Bear Creek Lake / 2- 79 -(5.5) / WS -III, B, Trout
Dear Mr. Simpson:
John E. Skvarla, III
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 approximately 0.02 acres (approximately 262
linear feet of shoreline) 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 3898. 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, Watersupply watershed, 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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 29645001 FAX: 828 - 299 -7043
Internet www nmaterquality.org
An Equal Owortundy 1 Affirmative Action Emolover
tat e C arolina urallr�
Mr Simpson
January 29, 2013
Page 2 of 2
If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
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 Susan Wilson in the Asheville Regional Office at
(828) 2964665 or at susan.a.wilson@ncdenr.gov.
SilCharles
fo. tWa!kiId,_ P , ., Director
C W /saw
Enc: GC3898
Certificate of Completion
cc: Duke Energy Lake Services — Lisa Leatherman
WBSCP Unit — Central Office
Jackson County Planning — Steve Beasley
Chad Ensley, e -copy
ARO File Copy
S: \SWPUackson \401s\Non- DOT%Simpson Bear LakeWPRVL.Simpson Bear Lake 1 2013.doc
Amount Approved nits
Plan Location or Reference
Waters
Appx. 0.02 (acres)
Application
Appx. 262 (linear feet,
LF) shoreline; 232 LF
boulder /rip -rap; 30 LF rip -
rap only
*Refer to Duke Energy
guidelines for boulder
wall design
If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala
Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.b. of Duke Power Nantahala Area
Shoreline Management Guidelines].
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 Susan Wilson in the Asheville Regional Office at
(828) 2964665 or at susan.a.wilson@ncdenr.gov.
SilCharles
fo. tWa!kiId,_ P , ., Director
C W /saw
Enc: GC3898
Certificate of Completion
cc: Duke Energy Lake Services — Lisa Leatherman
WBSCP Unit — Central Office
Jackson County Planning — Steve Beasley
Chad Ensley, e -copy
ARO File Copy
S: \SWPUackson \401s\Non- DOT%Simpson Bear LakeWPRVL.Simpson Bear Lake 1 2013.doc