20070331 Ver 1_Waived Project_20070605

`O~pF W A TFROG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 5, 2007
DWQ Project # 07-0331
McDowell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. George Costello
l 1060 Stuart Mill Road
Oakton, VA 22124
Subject Property: George Costello
Lake James [030830, 11-(23), WSV, B]
WAIVER of 401 Water Quality Certification and Authorization Certificate per the Catawba River Basin Buffer
Protection Rules (15A NCAC 2B .0243)
Dear Mr. Costello:
Your application dated February 21, 2007, fora 401 Water Quality Certification was received in the Central Office on
February 26, 2007. According to our rules [15A NCAC 2H .0507 (A)], if fnal action is not taken within 60 days, the
Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the
requirement fora 401 Water Quality Certification for your plans to fill or otherwise impact 0.022 acres of open waters
below the normal pool lake level, 0.022 acres of open waters above the normal pool lake level, and impact 1470 square
feet of Zone 1 Catawba River basin protected riparian buffer and 0.00 square feet of Zone 2 River basin protected riparian
buffer for the purpose of constructing rip-rap bulkhead along 490 feet of shoreline at the subject property.
However if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water
Quality Certification will be required.
Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding this waiver.
Sincerely,
` ~~
Cy di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/gym
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Paul Rawls, DWQ, Archdale Building
Larissa Castle, Bennick Enterprises, 1769 Waterford Way, Morganton, NC 28655
Filename: 070331 GeorgeCostello(McDowell)Waiver 401 GP30

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.encstate.nc.us/ncwetlands