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HomeMy WebLinkAbout20071571 Ver 2_Approval Letter_20110106Beverly Eaves Perdue Governor January 6, 2011 James Felts NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director 2504 Alton Road, NW Atlanta, Georgia 30305 Subject: 401 Water Quality Certification - Approval James Felts Lot B-80 DWQ Project # 07-1571 Version 2 Transylvania County SAV02 / Taxaway River (Lake Toxaway) / 4-(1) / Class B, Tr Dear Mr. Felts: 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 waters for the purpose of boat access and boat house repair 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 approved by this correspondence are covered by General Water Quality Certification Numbers 3689 and 3821. This Certification allows you to use Nationwide Permits 13 and 18 when issued by the US Army Corps of Engineers (USAGE). 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: Amount Approved (Units) Plan Location or Reference Wetland Fill 0.06 (acres) Application - W 1 P Wetland Fill / Excavation 0.01 (acres) Application - W2P Seawall - Natural Stone 0.003 (acrea) Ap lication - O 1 P 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 All atura!!t? James Felts 01/06/2011 Page 2 of 2 Additional Conditions a A rip-rap apron shall be placed in front of all constructed seawalls, at a 2:1 slope extending water ward to provide wildlife habitat. Please reference attached diagram. 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, yJ?l3-r e. z TZ Cvo?leen H. Sullins, Director CHS/khb Enc: GC3689 and GC3821 Certificate of Completion Dry Stack Boulder Wall Design Guidelines cc: USACE Asheville Regulatory Field Office 401 Permitting Unit - Central Office David McHenry - NC Wildlife Resources Commission File Copy S:\S WP\Transylvania\401 s\Non-DOT\Felts.Toxaway\Felts.Appvl.01-6- l l .doc