20081837 Ver 1_Approval Letter_20090120

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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
January 20, 2009
Mark and Michael Russell
1874 Piedmont Ave. NE Ste: 3000
Atlanta, GA 30324
Subject Property: Mark and Michael Russell Property
White Squirrel Trail
Thorpe Lake (Glenville Lake)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1837
Jackson County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 1600 square feet (0.037 acres) of open waters below normal pool lake level for
the purpose of shoreline stabilization along 200 linear feet of shoreline at the subject property, as
described within your application dated November 19, 2008 and received by the N.C. Division of Water
Quality (DWQ) on December 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 Regional 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 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 21-1.0506 (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:
F mount Approved (Units) Plan Location or Reference
037 (acres) 1600 sq.ft. below lake level
North Carolina
Natuially
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality,org FAX [phone]'17-623-6748
GAWPDATA\DEMWQ\Jackson\401 s\08-1837RussellAPPROVAL.doc
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Page 2 of 2
January 20, 2009
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 Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
t Coleen H. Sullins, Director
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Enclosures: GC 3693
Certificate of Completion
cc: 401/Wetland Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Central Files
Duke Energy-Lake Services-Lisa Leatherman