HomeMy WebLinkAbout20120159 Ver 1_Approval Letter_20130117AjA
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
January 17, 2013
Mr. Sam Chebeir
Mid Atlantic Land, LLC
575 John Dodd Road
Spartanburg, SC 29303
Subject: 401 Water Quality Certification - Approval
Mid Atlantic Land — Lake Lure
DWQ Project # 12 -0159
Rutherford County
BRDO1 / Broad River (Lake Lure) / 9 -(17) / B; Tr
Dear Mr. Chebeir:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above, based on the additional information submitted December 21,
2012.
Approval has been granted to place fill within or otherwise impact approximately 0.0 123 acres of open waters
(approximately 106 linear feet of shoreline frontage) 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.
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.nc6vaterqual4.org
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Mr. Chebeu
January 17, 2013
Page 2 of 2r
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:
1. Trout Buffer Requirements — Any trout buffer protection measures required by the Division of Energy,
Minerals, and Land Resources ( DEMLR) must be met prior to shoreline stabilization work (or as specified
by DEMLR).
2. Erosion Control Measures — Any erosion control measures required by the Town of Lake Lure must be
maintained during construction.
3. Turbidity Standard — Should the proposed method of sandbags to control turbidity impacts during
construction prove to be ineffective, the DWQ may require further control measures.
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 Wilson in the Asheville Regional Office at
(828) 296 -4665.
Sincerely,
for Charles Wakild, P.E., Director
CWlsaw
Enc: GC3898
Certificate of Completion
cc: WBSCP Unit — Central Office
Clint Calhoun, Lake Lure Erosion Control
Kim Warner, P.E. 139 Countrywood Drive, Forest City, NC 28043
Gray Hauser, Jr., P.E. DEMLR
ARO File Copy
S: \SWP\Rutherford\401s\ Non- DOT1Mid Atlantic Land Lake Lure\APRVL.MidAtlantic.I 2013.doc
Amount Approved nits
Plan Location or Reference
Waters
Appx. 0.0123 (acres)
Appx. 106 linear feet
Application & additional
information
1. Trout Buffer Requirements — Any trout buffer protection measures required by the Division of Energy,
Minerals, and Land Resources ( DEMLR) must be met prior to shoreline stabilization work (or as specified
by DEMLR).
2. Erosion Control Measures — Any erosion control measures required by the Town of Lake Lure must be
maintained during construction.
3. Turbidity Standard — Should the proposed method of sandbags to control turbidity impacts during
construction prove to be ineffective, the DWQ may require further control measures.
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 Wilson in the Asheville Regional Office at
(828) 296 -4665.
Sincerely,
for Charles Wakild, P.E., Director
CWlsaw
Enc: GC3898
Certificate of Completion
cc: WBSCP Unit — Central Office
Clint Calhoun, Lake Lure Erosion Control
Kim Warner, P.E. 139 Countrywood Drive, Forest City, NC 28043
Gray Hauser, Jr., P.E. DEMLR
ARO File Copy
S: \SWP\Rutherford\401s\ Non- DOT1Mid Atlantic Land Lake Lure\APRVL.MidAtlantic.I 2013.doc