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Home My WebLink About20120947 Ver 1_Approval Letter_201212144 iMER VCENEWIRR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director December 14, 2012 Mr. James A. Lemming and Ms. Sandra E. Lemming 210 Park Laureate Drive Houston, TX 77024 Subject: 401 Water Quality Certification - Approval Lemming Lot 108 (Trillium) DWQ Project # 12 -0947 Jackson County LTN02 / Glenville Lake (Thorpe Lake)/ 2- 79- 23 -(1) / WS -III, HQW, B Dear Mr. Lemming and Ms. Lemming: 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. After a site visit conducted November 13, 2012 and the additional information submitted by Mr. Carruth, December 6, 2012, approval has been granted for your projected. You are authorized to place fill within or otherwise impact approximately 0.02 acres of open waters [approximately 147 linear feet of shoreline, dry stack wall w /rip -rap] 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 Hghway 70, Swannanoa, Nodh Carolina 28778 Phone: 828 - 29645001 FAX: 828 -299 -7043 Internet www ncwaterquality.org An Fnriat Nwhimty 1 Arfinnahvq Arhnn Fmntnyar None Carolina atura!!� Mr. Lemming and Ms. Lemming December 14, 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.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) should 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, C Charles akild, P.E CW /saw Enc: GC3898 Certificate of Completion cc: Karen Higgins — WBSCP Unit Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services Mark L. Carruth — P.O. Box 971, Woodstock, GA 30188 ARO File Copy S: \SWPUackson \401sWon- DOTU.emming Tri11ium\APRVL.Lemming Lot 108.12 2012.doc Amount Approved nits Plan Location or Reference Waters Appx. 0.02 (acres below Boulder wall and rip -rap, full pool) as specified in application [appx. 147 linear feet dry stack w /rip rap] *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.b. of Duke Power Nantahala Area Shoreline Management Guidelines]. Impervious surfaces (excluding access pathways) should 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, C Charles akild, P.E CW /saw Enc: GC3898 Certificate of Completion cc: Karen Higgins — WBSCP Unit Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services Mark L. Carruth — P.O. Box 971, Woodstock, GA 30188 ARO File Copy S: \SWPUackson \401sWon- DOTU.emming Tri11ium\APRVL.Lemming Lot 108.12 2012.doc