20071564 Ver 1_Approval Letter_20070927

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Can>lina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 27, 2007
DWQ# 07-1564
Cleveland County
Mr. Walter Godfrey
140 Oak Point Dr.
Cherryville, NC 28021
Subject: Shoreline Stabilization, Moss Lake
APPROVAL of 401 Water Quality Certification and with Additional Conditions
Dear Mr. Godfrey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.02 acre of waters for the purpose of stabilizing approximately 215 linear
feet of shoreline on Moss Lake, as described in your application received on September 14, 2007. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3626, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Regional Permit 197800080 once it is issued to you by the U.S. Army
Corps of Engineers (USACOE). Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake/stream bt.:
and will not re-concentrate before discharging into the lake/stream as identified within 15A NCAC 26 .0243(5.`.
1. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake/strew:
buffer and will not re-concentrate before discharging into the lake/stream as identified within 15A NCAC
.0243(5).
2. Impacts along the shoreline shall be kept to a minimum and the natural habitat preserved to the maximul
extent practicable.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. "1`
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written pe~j,~on (t~
No~tFtCarc .
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 I S Phone [phone] Customer Sen
Internet: ncwaterquality.org FAX [phone]-623-67
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conforms to Chapter 1506 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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
~~
for Coleen H. Sullins
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan
Central Files ,