20120414 Ver 1_Approval Letter_20120511

4
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Jun Humphrey
5324 Woodrun on Tillery
Mt Gilead NC 28306
Division of Water Quality
Charles Wakild P E
Director
May 11 2012
Subject Approval of 401 Water Quality Certification with Additional Conditions
406 Fiddlers Ghost Circle
Lake Tillery (030708 13 (1) WS IV B CA)
DWQ Project No 20120414
Montgomery County
Dear Mr Humphrey
Dee Freeman
Secretary
You have our approval in accordance with the attached conditions and those listed below to
place fill within or otherwise impact approximately 0 005 acres of open water (Lake Tillery)
below the normal pool lake level for the purpose of shoreline stabilization as described in your
application received by the Division of Water Quality on April 25 2012 We have determined
that that these impacts are covered by General Water Quality Certification No 3898 (GC3898)
This Certification allows you to use General Permit Number 198200030 when issued by the US
Army Corps of Engineers (USACE) 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 Non discharge regulations Also, this
approval to proceed with your proposed protect or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit
This approval is for the purpose and design that you described in your application If you change
your project you must notify us and you may be required to send us a new application If the
property is sold, the new owner must be given a copy of this Certification and approval letter
and is thereby responsible for complying with all conditions If total fills for this project (now
or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory
mitigation may be required as described in 15A NCAC 2H 0506(h) This approval requires you
to— foli -Tvv th-Ls--mriditi-ons- li-st-ed -m the-attached certification and any additional conditions listed --
below
225 Green Street Suite 714 — Fayetteville North Carolina 28301 5043
Phone [phone] FAX [phone] Customer Service 1 877 623 6748
Internet www ricivaterguality orq
An Equal Opportunity Affirmat ve Action Employer One
NorthCarolina
Naturally

Humphrey
May 11 2012
Page 2 of 3
Additional Conditions
1 The following impacts are hereby approved as indicated in your application and
supporting information as long as all of the other specific and general conditions of this
certification are met No other impacts are approved including incidental impacts
Removal of failed seawall and replacement with natural stone for shoreline stabilization
below OHW 0 005 acres in accordance with the application drawings and
supplemental information
2 No waste Spoil Solids, or Fill of any kind
No wastes spoil, solids or fill of any kind shall occur in wetlands waters or riparian
areas beyond the footprint of the impacts depicted in the Pre Construction Notification
All construction activities including the design installation operation and maintenance
of sediment and erosion control Best Management Practices shall be performed so that no
violations of state water quality standards statutes or rules occur
3 Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards
a The erosion and sediment control measures for the project must be designed
installed operated and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual The devices shall be maintained on all construction sites borrow
sites and waste pile (spoil) projects including contractor owned or leased borrow
pits associated with the project
c Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all tunes
4 Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade restored
-- — wrthrn�six m- onths -of the -dat that the-Division of Land Resources has released the –�-
project
Protective Fencing The outside buffer, wetland or water boundary and along the
construction corridor within the boundaries approved by this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B 0233 and GC 3404

Humphrey
May ] ] 2012
Page 3 of 3
6 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules and any subsequent modifications the applicant is required to
return the attached Certificate of Completion to the DWQ Central Office Wetlands Buffers
and Stormwater Compliance and Permitting Unit at 1650 Mail Service Center Raleigh NC
27699 1650
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties The 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 404 or CAMA Permit
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 NC 27699 6714 This Certification and its
conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please contact Chad Turlmgton of the Fayetteville
Regional Office at [phone]
Sincerely
l -W 441&�
Charles Wakild P E
Enclosures GC 3898
Certificate of Completion
cc DLR FRO
Karen Higgins Wetland Buffers and Stormwater Compliance and Permitting Unit
DWQ FRO