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Home My WebLink About20121022 Ver 1_Approval Letter_20121218—A A I�CDETIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director December 18, 2012 Mr. Bobby and Ms. Anne Setzer P.O. Box 1257 Cullowhee, NC 28723 Subject: 401 Water Quality Certification - Approval Setzer Lot — Bear Lake Shoreline Stabilization DWQ Project # 12 -1022 Jackson County LTN02 / Bear Creek Lake /2- 79 -(5.5) / WS -III, B, Trout Dear Mr. Setzer and Ms. Setzer: 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 0.005 acres open waters, 47 linear feet of total stabilization of open waters [approximately 25 linear feet of shoreline dry stack wall w /rip- rap; approximately 22 linear feet shoreline, rip -rap only] 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 One Internet www.ncwaterqualq.org NorthCarolina An Equal Opportunity 1 AfBrmabve Action Emnlover )VJa&i1* Mr. Selzer and Ms Setzer December 18, 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]. 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, Ott Charles akild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Karen Higgins — WBSCP Unit Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services File Copy S : \SWPUackson \401sINon- DOIRSetzer Bear Lake 2012\APRVL.Setzer.12 2012.doc Amount Approved nits Plan Location or Reference Waters Appx. 0.005 acres As specified in application [appx. 25 linear feet dry and e-mail submitted stack w /rip rap; appx. 22 12/15/2012 linear feet 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]. 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, Ott Charles akild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Karen Higgins — WBSCP Unit Steve Beasley, Jackson County Planning Lisa Leatherman, Duke Energy Lake Services File Copy S : \SWPUackson \401sINon- DOIRSetzer Bear Lake 2012\APRVL.Setzer.12 2012.doc