20070254 Ver 1_Approval Letter_20070214

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 14, 2007
Mr. Herbert Frank
15740 Sunward Street
Wellington, FL 33414
Subject Property: Herbert Frank Excavation Project
Lake Lure [BRDO1, 9-20, C, TR]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Frank:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0254
Rutherford County
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.02
acres below the normal pool lake level to dredge silt, as described within your application dated February
12, 2007, and received by the N.C. Division of Water Quality (DWQ) on February 12, 2007. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3494 (GC3494). The Certification(s) allows you to use Nationwide Permit
Number 3 (NW3) when issued by the US Army Corps of Engineers (USAGE). 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, and Non-discharge
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 or CAMA 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 2H .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:
Amount A roved (Units) Plan Location or Reference
Lake Lure-below full and level 0.02 (acres) - dred e PCN a e 9 of 12
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]FAX[phone]ntemet: http~//h2o.enr.state nc.us/ncwetlands
No e hCarolina
~aturatty
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Herbert Frank
Page 2 of 3 `
February 14, 2007
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All mechanized equipment
operated near surface waters should be inspected and maintained regularly to prevent contamination
of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in
stream channel must be clean, new or low hour equipment.
6. Trout Buffer Tree Protection
No trees shall be removed within 25 feet of the top of water 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.
Disturbed banks and a 25-foot vegetated zone, must be restored along the shoreline to natural riparian
conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple,
silky willow, tag alder, black willow, sycamore) to provide long-term bank stability and stream
shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers
from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot
centers. Stream banks in these areas should also be seeded with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.

Mr. Herbert Frank
Page 3 of 3
February 14, 2007
7. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296- 0.
Since
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Alan W. Klimek, P.E.
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Enclosures: GC 3492
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Fi I en ame: 070254HerbertFrankExcavati on(Rutherford)401