20080848 Ver 1_Approval Letter_20080616

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June 16, 2008
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project #080848
Montgomery County
Thomas and Cherie McBride
5809 Morgan Park Drive
Monroe, North Carolina 28110
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Lot 16, 1289 Emerald Shores Drive
Lake Tillery (030708,13-(1), WS IV, B, CA)
Dear Mr. and Ms. McBride:
You have our approval, in accordance with the attached conditions and those listed below, to resurface the
existing 75' bulkhead at lot 16, 1289 Emerald Shores Drive, in Lake Tillery as described in your application
dated May 19, 2008, and received by the Division's Fayetteville Regional Office on June 2, 2008. After
reviewing your application, we have decided that this impact is covered by General Water Quality Certification
No. 3624 (GC3624). This Certification allows you to use Nationwide Permit Number 3 as 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.
Additional Conditions
The following impacts are hereby approved, as indicated in your application, as long as all of the other
specific and general conditions of this certification are met. No other impacts are approved, including
incidental impacts.
Repair of existing bulkhead, approx. 75 ft. x 3 ft.
NorthCarolina
Naturally
North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Thomas and Cherie McBride
June 16, 2008
Page 2
2. No Waste, Spoil, Solids, or Fill or any kind
No wastes, 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.
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, NC 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 contact Ken Averitte of the Fayetteville Regional Office at [phone].
Sincerely,
Coleen H. Sullins
CHS/ka
Enclosures: GC 3624
Certificate of Completion
cc: Emily Burton, USACE Wilmington Regulatory Field Office
Central Files
Ian McMillan, 401 /Wetlands Unit
Laurie Dennison, 401/Wetlands Unit
DWQ, FRO
Mont. Thomas&CherieMeB ride. 080848.401. doe