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Home My WebLink About20100260 Ver 1_Approval Letter_20100517NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director May 17, 2010 Daniel and Deborah Chernesky 15 Leisure Lane Granite Falls, NC 28630 Subject: 401 Water Quality Certification - Approval Chernesky-Lot 708 DWQ Project # 10-0260 Caldwell County CTB / Gunpowder Crk-Lake Hickory / WS-IV CA Dear Mr. and Mrs. Chernesky: Natural Resources 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 0.006 acres for the purpose of rip rap shoreline stabilization at the subject property. A temporary construction path of 400 square feet is approved. Approval is also granted for buffer impacts of 300 square feet for the purpose of a handicap access path with a turn around. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. An additional condition listed below reflects buffer restoration requirements at the site to correct violations of the Catawba Buffer rule 15A NCAC 0213.0243. 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 Duke Energy 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 table lists the impacts that 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: 828-296-45001 FAX: 828-299-70431 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer North Carolina ?'Vataalj?y Chemesky May 17, 2010 Page 2 of 2 Impact Amount Approved (Units) Plan Location or Reference Waters (below water) 0.002 (acres) 2'x 50' (rip rap stabilization) Waters (above water) 0.004 (acres) 4'x 50' (rip rap stabilization) Buffers (temporary) 400 (square feet) 8'x 50' (temporary construction path) Buffers 300 (square ft.) 6'x 50' (handicap access path) Additional Conditions Buffer Restoration Plan You are required to restore the protected riparian buffers where vegetation was removed beyond the permitted impacts for the access path. The required area of buffer restoration was estimated to be 3,000 square feet (30'x100') in zone I and 2,000 square feet (20'x 100') in zone II. Please submit a Buffer Restoration Plan to this office for review and approval. This plan must be developed to ensure that at least two native tree species are planted at a density sufficient to provide 320 trees/acre at maturity. This density is usually achieved by planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid. Shrubs should be planted at a density sufficient to provide 1,200 shrubs per acre. Please go to the following link: http://www.nce_p.net/images/buffers.pdf Guidelines for Riparian Buffer Restoration for assistance in developing your plan. This plan must include the types of native woody vegetation selected, methodology of planting, and a site map indicating the location of the replanting efforts. 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, • C° X.,?-?-- Coleen H. Sullins, Director Eric: GC3693 Certificate of Completion cc: File Copy 401 Permitting Unit - Central Office USACE Asheville Regulatory Field Office Duke Energy-Wade Harmon Granite Falls Planning-Greg Wilson SASWP\Caldwell \401 s\Non-DOT\Cheresky\Approva1.401Chernesky.May 2010.doc