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Home My WebLink About20130139 Ver 1_Approval Letter_20130306rc6VCR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director March 6, 2013 Landdaly LLC C/O Chris Daly 5786 Benfield Landing Road Nebo, North Carolina 28761 Landdaly LLC C/O Chuck Sehi 5786 Benfield Landing Road Nebo, North Carolina 28761 Subject: 401 Water Quality Certification - Approval Benfields Harbor DWQ Project # 13 -0139 Burke County CTB30 / Catawba River (Lake James) / 11 -(23) / Class WS -V; B Dear Mr. Daly & Sehi: John E. Skvarla, 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 120 linear feet 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 and 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 Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828 - 29645001 FAX: 828 -299 -7043 Internet: www.ncwaterqualily.org An C-4 M..nA..n.1..1 AQ..... -- A..A.... C.....1...... NorthCarohna Awmidbil Chris Daly and Chuck Sehi March 6, 2013 Page 2 of 2 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: Additional Conditions 1. Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 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 Jonathan Stepp in the Asheville Regional Office at (828) 296 -4660. Sincerely,, for Charles Wakild, P. ., Director CWljas/khb Enc: GC3898 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Peter Minter, Burke County USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy S : \SWP\Burke\401s\Non- DOMenfields Harbor Bank Stabilization\Benfields Harbor.doc Amount Approved nits Plan Location or Reference Waters 1120 linear feet 0.0055 acres Plan Sketch Additional Conditions 1. Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 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 Jonathan Stepp in the Asheville Regional Office at (828) 296 -4660. Sincerely,, for Charles Wakild, P. ., Director CWljas/khb Enc: GC3898 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Peter Minter, Burke County USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy S : \SWP\Burke\401s\Non- DOMenfields Harbor Bank Stabilization\Benfields Harbor.doc