20130170 Ver 1_Approval Letter_20130307

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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
March 7, 2013
DWQ Project # 13 -0170
Montgomery County
Dan M. Shive
407 Harris Lane
Monroe, NC 28112
Subject Property: 684 Fairway Shores South
Lake Tillery (030708,13-(1), WS IV, B, CA)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shive:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.004 acres of open water (Lake Tillery) below the normal pool lake level for the purpose of shoreline
stabilization as described in your application received by the Division of Water Quality on Februeary 22,
2013. We have determined that that these impacts are covered by General Water Quality Certification No.
3898 (GC3898). This Certification allows you to use General Permit Number 198200030 when issued by
the US Army Corps of Engineers (USACE). 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 and Non - discharge regulations. Also, this approval to proceed
with your proposed project or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible
for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506(h). This approval requires you to follow the conditions listed in the attached certification
and any additional conditions listed below.
The Additional Conditions of the Certification are:
225 Green Street — Suite 714 — Fayetteville, North Carolina 28301 -5043
Phone: [phone] FAX- 910 -486 -07071 Customer Service 1- 877 -623 -6748
Internet www ncwateraualihr.ora
An Equal Opportunity 1 Affirmative Action Employer
o AMWAY e hCarolina

Dan M. Shive
March 7, 2013
Page 2 of 3
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
Open Water 0.004 (acres) Application package
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre- Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the DWQ WEBSCAPE Unit at: 1650 Mail Service Center, Raleigh,
North Carolina 27699 -1650.

Dan M. Shive
March 7, 2013
Page 3 of 3
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Chad Turlington in the DWQ Fayetteville Regional
Office at 910433 -3320.
Sincerely,
Charles Wakild
Director
Enclosures: GC 3898
Certificate of Completion
cc: Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Butch Brown — Brown's Construction (via- email)
DLR Fayetteville Regional Office
File Copy