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HomeMy WebLinkAbout20091268 Ver 1_Approval Letter_20091208Beverly 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: 828-296-45001 FAX: 828-299-70431 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