20081834 Ver 2_Approval Letter_20090130

Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 30, 2009
Margaret Leef
7 Grossup Road
Charleston, WV 25314
Subject: 401 Water Quality Certification
Approval with Additional Conditions
Leef Property Shoreline Stabilization
DWQ Project # 08-1834
Burke County
(Catawba River (Lake James)) / CTB30 / l l-(23) / E11NW1 / WS-V,B
Dear Mrs Leef:
The DWQ has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to impact 195 linear feet of shoreline for the purpose of stabilizing
shoreline around along the Leef property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Numbers 3693. This
Certification allows you to use General Permits 30 when issued by the US Army Corps of
Engineers (USACE). 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 corresponding USACE General Permit Verification. 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, Catawba Buffer Rules, and Trout Buffer regulations.
This approval is for the purpose that you described in your application. If you change your
project, you must notify us and may be required to submit a new application. Additional impacts
may require compensatory mitigation as described in 15A NCAC 2H .0506 (h). 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.
One
NhCarolina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Margaret Leef
Page 2 of 3
January 29, 2009
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
Lake James 195 (linear feet) Referenced in photographs
2. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly
within the construction access corridor. If trees are removed, forested vegetation shall be
re-established within the construction access or other temporary impact area occurring in
the protected buffer zone within the next growing season following construction of the
project.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
4. Rip-Rap Installation For Stabilization
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water
/ land interface (at full pool). Riprap shall be placed as a linear protective measure upon
the regarded slopes. Stone used in stabilization shall be a random size, varying from
Class B riprap up to 6 feet in diameter to provide additional wildlife habitat. All exposed
soils above the Riprap stabilized area shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no way be
construed as allowing the installation of a bulkhead or seawall.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
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.
Margaret Leef
Page 3 of 3
January 29, 2009
This letter completes the review of your application by the Division of Water Quality under
Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in
the Asheville Regional Office at 828-296-4500.
Sincerely,
ColeenH.Su lins, Director
CHSlkhb
Eric: GC 3693
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission - David McHenry
401 Permitting Unit - Central Office
File Copy
Filename: 08-1834.Leef Approval