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Home My WebLink About20120360 Ver 1_Approval Letter_20120703ZkA® NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Charles Waklld P E Governor Director July 3 2012 Lemuel and Sandra Oates 3737 Howard gap Road Hendersonville N C 28792 Subject 401 Water Quality Certification - Approval Lemuel and Sandra Oates Bank Stabilization Project DWQ Project # 12 0360 Rutherford County Broad Basin / Lake Lure / 9 (17) / B Tr Dear Mr or Ms Oates Natural Resources 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 241 linear feet of open waters for the purpose of bank 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 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 Venfication 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 buffer and floodplam 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 Amount Approved (Units) Plan Location or Reference Waters Ap rox 241 linear feet Lake Lure Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www ncwaterquality org An Equal Opportun ty Affirmative Action Employer NorthCarohna �aturallr� Lemuel and Sandra Oates 07/03/2012 Page 2 of 2 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 Tim Fog in the Asheville Regional Office at 828 296 4664 Sincerely Charles Wakil P nEDirector CW/trf Enc GC3898 Certificate of Completion cc USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office Melame Brethauer WNC Professional Engineers & Surveyors PLLC File Copy S \SWP\Rutherford \401sWon DOT\Lemuel & Sandra OatesWPRVL 401 Oates 07 012012 doc