20090391 Ver 1_Approval Letter_20090420

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 20, 2009
DWQ# 09-0391
Cleveland County
Mr. Diane Ledbetter
137 North Shore Dr.
Cherryville, NC 28021
Subject: Shoreline Stabilization, Moss Lake
APPROVAL of 401 Water Quality Certification and with Additional Conditions
Dear Ms. Ledbetter:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.014 acre of waters for the purpose of stabilizing approximately 200
linear feet of shoreline on Moss Lake, as described in your application received on April 13, 2009. After
reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3693, 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 NorthCarohna
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 ?gtlltq?ll?
Internet: www.ncwateroualitv.oro
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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 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 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,

for Coleen H. Sullins
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Ian McMillan