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Home My WebLink About20111080 Ver 1_Approval Letter_20120119Beverly Eaves Perdue Governor January 19 2012 Steve Boehm 330 Trafalgar Place Matthews NC 28105 i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director Subject 401 Water Quality Certification Approval Steve Boehm DWQ Project # 11 1080 Burke County CTB / Lake James / 11 (23) / WS V, B Dear Mr Boehm 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 400 linear feet (0 018 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 Catawba Buffer regulations No buffer impacts are approved at this time 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 Phone 828 296 -45001 FAX 828 299 7043 Internet www ncwaterquallty org An Equal Opportunity %Affirmative Action Employer One NorthCarohna 4aturally Amount Approved (Units) Plan Location or Reference Waters below normal pool level 0 009 (acres) Application #7 Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 296 -45001 FAX 828 299 7043 Internet www ncwaterquallty org An Equal Opportunity %Affirmative Action Employer One NorthCarohna 4aturally Steve Boehm January 19 2012 Page 2 of 2 Waters above normal 0 009 (acres) Application # 8 a _pool level 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 2964500 Sincerely bbl`( Charles Wakild P E Director CW /lsw Enc GC3693 Certificate of Completion cc USACE Asheville Regulatory Field Office 401 Permitting Unit — Central Office File Copy Duke Energy Wade Harmon Burke County Planning Pete Minter Carissa Parker (e copy) S \SWP\Burke \401sWon DOnSteve Boehm lot 173\Approval boehmlan2012 doc