20091103 Ver 1_Approval Letter_20091028

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Larry Butts Jr.
741 Rudd Ridge Rd
Youngsville NC 27379
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Butts:
October 28, 2009
DWQ# 09-1103
Caswell County
You have our approval, in accordance with the attached conditions, to place fill within, or otherwise impact
by excavation, 150 linear feet of lake shoreline for the purpose of stabilizing an eroding shoreline on Hyco
Lake at 1562 Osmond Rd. near Milton, NC in Caswell County, as described in your application received by
the Division of Water Quality on October 16, 2009. After reviewing your application, we have determined
that this activity is covered by General Water Quality Certification Number 3693, which can be viewed on our
web site at http://www.ncwaterguality.org,/ncwetlands/rd wetlands certifications.htm. This Certification
allows you to use Regional General Permit Number 198200030 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permit (Regional General Permit) expires unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total fill for this project (now
or in the future) exceeds one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of the
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Waters Approximately 150 linear feet Repair of eroded shoreline and failing seawall,
placement of riprap protection.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Larry Butts Jr.
DWQ# 09-1103
October 16, 2009
Page 2 of 3
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the North Carolina water quality standards that are
applicable to lakes and reservoirs. These measures must be maintained on all construction sites, borrow
sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are
associated with the project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. 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 Pre-Construction Notification. 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.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water
Quality at the address listed on the form.
If you do not accept any of the conditions of this certification, 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 the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or at [e-mail].
Sincerely,

Coleen H. Sullins, Director
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Ms. Marie Barber, 3863 Jimmy Bowles Rd, Elon NC 27244
DWQ Winston-Salem Regional Office
DWQ Wetlands/401 File Copy