20130167 Ver 1_Approval Letter_20130321

COL!,
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakiki, P.E. John E. Skvarla, III
Governor Director
Secretary
March 21, 2013
Jason Camp
PO Box 1454
Rutherfordton, NC 28139
Subject: 401 Water Quality Certification - Approval
Project Name: Jason Camp Bank Stabilization
DWQ Project # 13 -0167
McDowell County
Catawba / Lake James / 11 -8 / C
Dear Mr. Camp:
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 0.01 acres of open waters for the purpose of
bank 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, Buffer and Flood Plain 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: 828-296-Ml FAX: 818 - 299 -7043
Internet www.nowaterqual4.org
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Amount Approved nits
Plan Location or Reference
Waters
135 (linear feet)
0.01 acres
Item 7 and 8A
Location. 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-296-Ml FAX: 818 - 299 -7043
Internet www.nowaterqual4.org
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NorthCarolina
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Jason Camp
March 21, 2013
Page 2 of 2
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 Tim Fox in the Asheville Regional Office at (828)
296 -4664.
Sincerely,
for Charles Wakild, P.E., Director
Cwirr,f
Enc: GC3898
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
Wade Harmon — Duke Energy Lake Services
Carissa Parker — Bennick Enterprises, LLC
File Copy
S:\ SWP\McDowell \401s\Non- DOT%Jason Camp\APRVL.401 Jason Camp.3.21.13.doc