20070704 Ver 1_Approval Letter_20070516

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Alan W. Klimek, P.E. Director
Division of Water Quality
May 16, 2007
DWQ Project # 07-0704
Cleveland County
Mr. Mark Ingersoll
116 Galway Drive, Apt.103
Mooresville, NC 28117
Subject Property: 252 Thamon Road, Thamon Crossing S/D, Moss-Lake
Approval Of 401 Water Quality Certifications with Additional Conditions
Dear Mr. Ingersoll:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill in or to otherwise impact/stabilize the following as described in your
application received on April 25, 2007:
Amount A roved Units Plan Location or Reference
Shoreline 125 feet)
404/CAMA Wetlands acres
Waters/bred in 0.08 acres/130 cubic ards
Buffers -Zone 1 (square ft.)
Buffers- Zone 2 s uare ft.
After reviewing your application, we have determined that N.C. Division of Water Quality
(DWQ) General Water Quality Certification Numbers 3626 and 3635 cover the impacts. These
Certifications allow you to use Nationwide Permits No. 13 and 35 when issued to you by the US
Army Corps of Engineers (USAGE). 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) those required by Erosion and Sediment Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certifications will expire when the associated USACOE's 404 permits
expire unless otherwise specified in the General Certification. This approval is for the purpose
and design that you described in your application. If you change your project, you must notify
this office and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of these Certifications and approval letter and is thereby
responsible for complying with all conditions.
Nor`thCarolina
~1latura!!y
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone]
Customer Service Internet: ncwaterquality.org FAX [phone]
1-877-623-6748
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This approval requires you to follow the conditions listed in the attached Certifications
and any additional conditions listed below.
1. Upon completion of all work approved by these 401 Water Quality Certifications, and any
subsequent approved modifications, the applicant is required to return the attached
Certificate of Completion form to the 401 Oversight/Express Review Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of these
Certifications and may result in criminal and/or civil penalties. If you do not accept any of the
conditions of these Certifications (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 1508 of the
North Carolina General Statutes, to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. These Certifications and their conditions are final and
binding unless you ask for a hearing.
This letter completes the review by the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly at 919-733-
1786 or Barry Love at 704-663-1699.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures: Certificate of Completion
GC 3626 and GC 3635
cc: USACE Asheville Regulatory Field Office
Ian McMillan -Wetlands Unit
Central Files