20090196 Ver 1_Approval Letter_20090408

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen N. Sullins Dee Freeman
Governor krector Secretary
April 8, 2009
Michael Chamberlain
1221 Bugle Lane
Newton, North Carolina 28658
Subject: 401 Water Quality Certification - Approval
Camberlain Shoreline Stabilization
DWQ Project # 2009-0196
Burke County
CTB30 / Catawba River (Lake James below elevation 1200) / l l-(23) / WS-V, B
Dear Mr. Chamberlain:
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 place fill within or otherwise impact 271 square feet of open wal?,rs for the
purpose of shoreline stabilization at the subject 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 Number 3693. This Certification allows
you to use Regional General Permit 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, ??tate or local permits before you proceed with your projet t including (but not limited to) Erosion and
Sediment Control and Catawba Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
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:
SURFACE WATER PROTECTION SECTION -ASHEVILLE REGIONAL OFFICE 1?TOne
Location. 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 1y ortllCarol ina
Phone. [phone]! FAX [phone] Customer Service 1-877-623-6748
Internet www.ncwaterquality.org ;Vatu l&
Chamberlain, Lot 120
April 8, 2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Lake lames 271 (square 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 NI'Us (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.
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.
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,
Coleen H. Sullins, Director
CHS/khb
Eric: GC3693
Certificate of Completion
Catawba Buffer Rules
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
David McHenry, NC Wildlife Resources Commission
Burke County Buffer Administrator
File Copy
G:\W PDATA\DGM WQ\Qurke\40I s\09-0196.Chambcrlain.Approval. doc