20052063 Ver 2_Approval Letter_20090218

ALTI-Exi
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Timothy Lail
607 N Lafayette St.
Shelby, NC 28150
Subject: Lot 7, 212 Harbor Point Dr., Moss Lake
APPROVAL of 401 Water Quality Certification and with Additional Conditions
Dear Mr. Lail:
Dee Freeman
Secretary
February 18, 2009
DWQ# 05-5063V2
Cleveland County
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.012 acre of waters for the purpose of stabilizing approximately 88 linear
feet of shoreline on Moss Lake, as described in your application received on January 30, 2009. After reviewing
your application, we have determined that this project is covered by Water Quality General Certification
Number 3699, which can be viewed on our web site at http://h2o.enr.state. nc. us/ncwetlands. The General
Certification allows you to use Regional Permit 198200030 once it is issued to you by the U.S. Army Corps of
Engineers (USACOE). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake/stream
buffer and will not re-concentrate before discharging into the lake/stream as identified within 15A NCAC 213
.0243(5).
2. Impacts along the shoreline shall be kept to a minimum and the natural habitat preserved to the maximum
extent practicable.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: www.ncwaterguality.org v r
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If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1506 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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
1 /J
for Coleen H. Sullins
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan