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Home My WebLink About20120418 Ver 1_Approval Letter_20120418NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director May 24 2012 Robert Baber 5057 Lighthouse Ct Morganton NC 28655 Subject 401 Water Quality Certification Approval Robert Baber Lot 93 DWQ Project # 12 0418 Burke County CTB / Lake James / 11 (23)/ WS V Dear Mr Baber 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 0 006 acres of open waters (100 linear feet) 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 3898 This Certification allows you to use Regional General 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 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 Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally Robert Baber May 24 2012 Page 2 of 2 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 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, f r Charles Wakild P E Director C W /1sw Enc GC3898 Certificate of Completion cc USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office Burke County Planning Pete Minter Duke Energy Wade Harmon File Copy S \SWP\Burke \401s \Non DOT\Baber Robert lot 93Wpproval robertBaber May 2012 doc Amount Approved (Units) Plan Location or Reference Waters below lake 0 004 (acres) Application 47 level Waters above lake 0 002 (acres) Application 48 a 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 828 296 4500 Sincerely, f r Charles Wakild P E Director C W /1sw Enc GC3898 Certificate of Completion cc USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office Burke County Planning Pete Minter Duke Energy Wade Harmon File Copy S \SWP\Burke \401s \Non DOT\Baber Robert lot 93Wpproval robertBaber May 2012 doc