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Home My WebLink About20121126 Ver 1_Approval Letter_20130129'Ali R North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director January 29, 2013 Mr. Richard D. Ivy 116 Kennemer Court Johns Creek, GA 30097 Subject: 401 Water Quality Certification - Approval Ivy Lot 101 Bear Lake DWQ Project # 12 -1126 Jackson County LTN02 / Bear Creek Lake / 2- 79 -(5.5) / WS -III, B, Trout Dear Mr. Ivy: John E. Skvada, III 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 0.05 acres (approximately 400 linear feet of shoreline) of open waters 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) Erosion and Sediment Control, Watersupply watershed, and Trout buffer 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: Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone. 828 - 29645001 FAX: 828- 299 -7043 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer teCaroli na ura!!t� W. ivy January 29, 2013 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 Wilson in the Asheville Regional Office at (828) 296 -4665 or at susan.a.wilsonna,ncdenr.gov . Sincerely, for Charles Wakild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services — Lisa Leatherman WBSCP Unit — Central Office Jackson County Planning — Steve Beasley Chad Ensley, a -copy ARO File Copy S:\SWP\Jackson\401 sWon-DOTI APRVL Ivy Bear Lake 1 2013.doc Amount Approved nits Plan Location or Reference Waters Appx. 0.05 (acres) Application and e-mail Appx. 400 (linear feet, dated 1/16/2013 (C. LF) shoreline; 200 LF Ensley) boulder /rip -rap; 200 LF rip -rap only *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 Wilson in the Asheville Regional Office at (828) 296 -4665 or at susan.a.wilsonna,ncdenr.gov . Sincerely, for Charles Wakild, P.E., Director CW /saw Enc: GC3898 Certificate of Completion cc: Duke Energy Lake Services — Lisa Leatherman WBSCP Unit — Central Office Jackson County Planning — Steve Beasley Chad Ensley, a -copy ARO File Copy S:\SWP\Jackson\401 sWon-DOTI APRVL Ivy Bear Lake 1 2013.doc