20091157 Ver 1_Approval Letter_20091215

North Carolina Departmer-a Cpl nvironrnent and Natural Resources
Divisiol 1 of VVater Quality
Beverly Eaves Perdue Cole n H. Sullins
Governor tA-ector
December 15, 2009
Werner and Patricia L. Maringer
1491 Memorial Highway
Lake Lure, NC 28746
Subject: 401 Water Quality Certification - Approval
Maringer: Seawall - Retaining Wall & Dock
DWQ Project # 09-1157
Rutherford County
BRDOI / Broad River (Lake Lure) / 9-(17) / B; Tr
Dear Mr. and Ms. Maringer:
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 riprap fill within or otherwise impact 0.003 acres 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 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:

Waters _ Amount Approved (Units)
.003 (acres) Plan Location or Reference
Sketch
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-& 7-623-6748
Internet: www.ncwatarquality.org
An Equal Opportunity 1 AfSrrnative Achon Emplover
One
NorthCarolina
atul' /
lf
Werner and Patricia L. Maringer
December 15, 2009
Page 2 of 2
Additional Conditions
1. Seawall construction is not approved.
2. Disturbance of the 25-foot trout buffer is not approved.
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 Linder Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director c-'
CHS/cbc
Eric: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
Clint Calhoun - Town of Lake Lure (e-copy)
File Copy
G:\W PDATA\DEM WQ\Rutherfotd\401 s\Maringer\09-1157_Approval_ 12-14-09. doc