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Home My WebLink About20120282 Ver 1_Emails_20120329��A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director March 29 2012 Mr Keith Rudman 1412 W Lexington St Chicago IL 60607 Subject 401 Water Quality Certification — Approval (Corrected Copy) Bear Lake Heaven LLC Peninsula DWQ Project # 12 0282 Jackson County LTN / Bear Creek Lake (Tuckaseegee River) / 2 79 (5 5) / WS III B Tr Dear Mr Rudman 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 approximately 0 16 acres of waters above full pool and 0 19 acres below full pool [approximately 1400 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 3885 This Certification allows you to use Nationwide Permit 13 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) Jackson County Erosion and Sediment Control Water Supply Watershed 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 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 1 Affirmat ve Act on Employer NorthCarohna Naturally Mr Rudman March 29 2012 Page 2 of 2 No impacts have been approved without US Army Corp of Engineer approval 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 4665 Sincerely, J � ' Er Charles Wakild P E Director CW /saw cc Tyler Crumbley USACE Asheville Regulatory Field Office Ian McMillan WBSCPU Robert Shelton Jackson County Planning William Owen — Owen Grading Lisa Leatherman — Duke Energy Lake Services ARO File Copy S \SWPUackson \401s\Non DOT\Bear Lake Heaven Pemnsula\APRVL Bear Lake Heaven Peninsula Corrected copy 3 2012 doc Amount Approved (Units) Plan Location or Reference Waters Appx 0 16 acres above Application full pool Appx 0 19 acres below full pool [appx 1400 linear feet] No impacts have been approved without US Army Corp of Engineer approval 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 4665 Sincerely, J � ' Er Charles Wakild P E Director CW /saw cc Tyler Crumbley USACE Asheville Regulatory Field Office Ian McMillan WBSCPU Robert Shelton Jackson County Planning William Owen — Owen Grading Lisa Leatherman — Duke Energy Lake Services ARO File Copy S \SWPUackson \401s\Non DOT\Bear Lake Heaven Pemnsula\APRVL Bear Lake Heaven Peninsula Corrected copy 3 2012 doc