20100697 Ver 1_Approval Letter_20101007

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 7, 2010
Mr. Ernie Guise and Mr. Gary Guise
312 Guise Lane
Cashiers, NC 28717
17571 Lake Park Rd.
Boca Raton, FL 33487
Subject: 401 Water Quality Certification - Approval
Guise Property Lot 36, Little Switzerland
DWQ Project # 10-0697
Jackson County
LTN02 / Glenville Lake (Thorpe Lake)/ 2-79-23-(1) / WS-III, HQW, B
Dear Messrs. Guise:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification associated with the subject project
listed above.
Approval has been granted to place fill within or otherwise impact approximately 450 square feet (0.01 acres) of
open waters below full pool elevation (plus rip-rap fill requirement) and approximately 450 square feet (0.01
acres) above full pool elevation for the purpose of shoreline stabilization along 180 feet of shoreline 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 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.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
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Messrs. Guise
October 7, 2010
Page 2 of 2
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 0.01+(acres) 450 sq. ft. below lake level
Below Lake Level (drystack plus rip rap fill,
as indicated in submittal
and in conformance with
Duke Energy requirements)
Waters 0.01 (acres) 450 sq. ft. above lake level
Above Lake Level (dry stack stone as
indicated on application)
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 A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
e
Coleen H. Sullins, Director
CHS/saw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
Jackson County Planning
Bob Martin, P.O. Box 304, Glenville, NC 28736
Lisa Leatherman, Duke Energy, Lake Services
ARO File Copy
S:\SWP\Jackson\401s\Non-DOT\Guise Prop - Lake Glenville\APRVL.401 Guise. 10 2010.doc