20080668 Ver 1_Approval Letter_20080521

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 21, 2008
Mr. David Zimmerman
805 Kemp Road, West
Greensboro, NC 27410
Subject Property:
David Zimmerman, Lot 23 (Sunset Point)
Lake James [030830, l l-(23), WSIV, B]
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-0668
McDowell County
Approval of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection. Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Zimmerman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.0092 acres of open waters below the normal pool lake level, 0.0092 acres of
open waters above the normal pool lake level, and impact 400 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 a bulkhead along 200 feet of shoreline as described within your application dated
March 26, 2008, and received by the N.C. Division of Water Quality (DWQ) on April 10, 2008. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3693 (GC3693). The Certification(s) allows you to use General Permit Number
30 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0243.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
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:
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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet http://h2o.enr.state.nc.us/ncwetiands
I Carolina
a'a!!ry
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Zimmerman
Page 2 of 3
May 21, 2008
Type of Impact
Shoreline-bulkhead below the normal pool lake level
one bulkhead above the normal pool lake level
Shoreline
Z 1 Catawba River Basin Protected Riparian Buffer
Zone 2 Catawba River Basin Protected Riparian Buffer
2. No Waste, Spoil, Solids, or Fill of Any Kind
Amount Approved Units Plan Location or Reference
0.0092 (acres) A lication
0.0092 acres A lication
400 (square feet A lication
0.00 (square feet A lication
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 nt Practices, shall be performed so that no violations eof state water quality
control Best Management
standards, statutes, or rules occur.
3. 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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 213 .0243 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
6. 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 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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
Mr. Zimmerman
Page 3 of 3
May 21, 2008
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 and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-
733-1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500.
7 S' erely,
/I Coleen H. Sullins
CHS/lem
Enclosures: GC3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Carissa Castle, Bernick Enterprises, 7836 Highway 70 East, Nebo, NC 28761
Filename: 080668DavidZimmermanLot23 (McDowel l)401_GP30CBR