20070033 Ver 1_Approval Letter_20070129

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 29, 2007
Claude R. and Helen G. Nelon
270 Picnic Point
Lake Lure, NC 28746
Subject Property: 270 Picnic Point
Lake Lure, NC
DWQ Project # 07-0033
Rutherford County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Nelon:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact up to .004 acres of shoreline for the
purpose of stabilization at the subject property, as requested within your application
received by the N.C. Division of Water Quality (DWQ) on January 5, 2007. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3492 (GC3492). The Certification(s) allows you
to use Permit(s) GP30 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, Non-discharge, and buffer 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 that you described in your application. If you
change your project beyond what is authorized within, 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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Pf~one: 919-733-17861 FAX [phone] /Internet: www.ncwaterouality.orq
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NorthCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

1
Claude and Helen Nelon
Page 2 of 5
January 28, 2007
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 Plan Location or Reference
A proved (Units)
Shoreline .004 (acres) A - rip-rap stabilization &
patchwork
2
Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. 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.

Claude and Helen Nelon
Page 3 of 5
January 28, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. 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 401NVetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
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 infront of the existing wall. Stone used in stabilization shall
be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no
way be construed as allowing the extension of the existing bulkhead or
seawall.
7. 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.

Claude and Helen Nelon
Page 4 of 5
January 28, 2007
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
9. Trout Buffer Tree Protection
From the edge of the stabilization, back for a distance of 25 linear feet from the top
of bank, woody vegetation in accordance with the Guidelines for Riparian Buffer
Restoration shall be established where no woody vegetation currently exists.
10. 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.
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
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 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.

Claude and Helen Nelon
Page 5 of 5
January 28, 2007
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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.BarnettC~ncmail.net or at 828-296-4657.
Sincerely,
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Alan W. Klimek, P.E., Director
Division of Water Quality
Enclosures: GC 3492
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: .Town of Lake Lure
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
Ron Linville, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-0033. Nelon.WQ3492.Approval