20081406 Ver 1_Approval Letter_20081021

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 21, 2008
George Postell
1854 Red Marble Road
Andrews, NC 28901
Subject Property:
George Postell Lot 3133
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Postell:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1406
Macon County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.02 acres of waters and 0.00 feet of streams for the purpose of shoreline
stabilization at the subject property, as described within your undated application and received by the
N.C. Division of Water Quality (DWQ) on September 15, 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 Nationwide Permit(s) 30 when 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 go ahead with your project including (but not limited
to) Erosion and Sediment Control, Non-discharge, and stormwater 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:
Amount Approved (Units) Plan Location or Reference
Waters 0.02 (acres) Plat drawing
NorthCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..newaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
George Postell
Page 2 of 2
October 21, 2008
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, 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 Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828.296.4500.
Sincerely,
e,V e. Z c,/
IV-t Coleen H. Sullins, Director
CHSIcbc
Enclosures: GC 3693
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401/Wetlands Unit
DWQ Asheville Regional Office
Lisa Leatherman - Duke Energy
271 NP&L Loop Road
Franklin, NC 28734
Central Files
Filename: G:\WPDATA\)EMWQ\Macon\s40ls\Postelle\401 GCAPPROVAL _10-17-08.doc