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Home My WebLink About20120847 Ver 1_Approval Letter_20121015�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor, October 15, 2012 Mr. Dennis Ginsburg and Ms. Alyson Ginsburg 10540 SW 126`i' St. Miami, FL 33176 Charles Wakild, P.E. Director Subject: 401 Water Quality Certification - Approval Dennis & Alyson Ginsburg Lot 4 (Unit 2 Tahala Shores) DWQ Project # 12 -0847 Jackson County LTN02 / Glenville Lake (Thorpe Lake)/ 2- 79- 23 -(1) / WS -III, HQW, B Dear Mr. Ginsburg and Ms. Ginsburg: 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 0.0023 acres of open waters (below full pool; approximately 50 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 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 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 regulations and Duke Energy Lake Services guidelines. 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 - 29645001 FAX 828 -299 -7043 Internet www ncwaterquality org NorthCarolina XaturaZ'6 Mr Ginsburg and Ms Ginsburg October 15, 2012 Page 2 of 2 If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.a. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) must be kept 30 feet back from surface waters [ref. 15A NCAC 2B.0215]. 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, �4 Charles Wakild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Ian McMillan - WeBSCaPU Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services File Copy S. \SWP \Jackson \401s\Non- DOT1Ginsburg Glenville\APRVL.Denms & Alyson Ginsburg. 10 2012.doc Amount Approved (Units) Plan Location or Reference Waters Appx. 0.0023 (acres Boulder wall and rip -rap, below full pool) as specified in application [appx. 50 linear feet] *Refer to Duke Energy guidelines for boulder wall design If working from the shoreline (rather than a barge), vegetation must be replaced in accordance with Nantahala Area Vegetation Management Requirements [ref. to Exhibit 1, Part 5.a. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) must be kept 30 feet back from surface waters [ref. 15A NCAC 2B.0215]. 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, �4 Charles Wakild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Ian McMillan - WeBSCaPU Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services File Copy S. \SWP \Jackson \401s\Non- DOT1Ginsburg Glenville\APRVL.Denms & Alyson Ginsburg. 10 2012.doc