20110414 Ver 1_Approval Letter_20110531

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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
May 31, 2011
Berkle~ Asbury
405 3r Street N.E.
Conover, NC 28613
Subject: 401 Water Quality Certification -Approval
Berkley Asbury Lot 22
DWQ Project # 11-0414
Burke County
CTB /Lake James / 11-(23) / WS-V, B
Dear Mr. Asbury:
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 100 linear feet of shoreline 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 (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 USAGE
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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ~aturall~
An Equal Opportunity 1 Affirmative Action Employer

Berkley Asbury
May 31, 201 I
Page 2 of 2
Amount A roved (Units) Plan Location or Reference
Waters (below water 0.005 (acres) (200 sq.ft.) Application #7
level)
Waters (above water 0.005 (acres) (200 sq. ft.) Application #8a
level)
Additional Conditions
1. Catawba Buffer Rule
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).
2. Buffer Replanting and Monitoring
If vegetation within disturbed areas of the shoreline associated with the shoreline stabilization has to be
removed then replanting shall take place. Trees shall be at least 3" diameter at breast height (DBH).
Plantings shall be sufficient to yield 320 trees per acre at maturity and 1200 shrubs per acre at maturity.
Monitoring of the plantings shall take place for at least a year to determine if planting obtained the
required density.
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.
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,
~' ~ ~ ~~~
Coleen H. Sullins, Director ~
CHS/Isw
Enc: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office Bennick Enterprises-Larissa Parker
401 Permitting Unit -Central Office 7836 HWY 70 E
Duke Energy-Wade Harmon Nebo, NC 28761
Burke County Planning-Pete Minter
File Copy
S:\SWP\Burke\401s\Non-DOT\Berkley Asbury-Lk James\ApprovaLAsbury.May2011.doc