20090828 Ver 2_Approval Letter_20101008

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
October 8, 2010
Steve Smith, Interim Town Manager
Town of Banner Elk
200 Park Ave
Banner Elk, NC 28604
Subject: 401 Water Quality Certification - Approval
Shawneehaw Creek Restoration
DWQ Project # 2009-0828 Ver. 2
Avery County
Watauga / Shawneehaw Creek / 8-22-7 / Class C, Tr.
Dear Mr. Smith:
The Division of Water Quality 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 1,400 feet of streams and for the purpose of stream
restoration 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 3689. This Certification allows you to use
Nationwide Permit 27 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 Permit Verification. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you proceed with your project including
(but not limited to) Erosion and Sediment Control and Stormwater 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.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 1,400 (feet) Plan Details
Additional Conditions
1. Turbidity Standard
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Nahmally
Town of Banner Elk
October 8, 2010
Page 2 of 2
The turbidity standard of 10 NTUs (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.
2. Trout Moratorium
The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of
this Certification is that any additional work conducted within the stream may not occur between the dates of January
1 through April 15.
3. As-Built Drawings
Within 60 days of completion of construction, as-built drawings shall be submitted to both the DWQ 401 Central
Office and to the Asheville Regional Office.
4. As specified in the Plan Submittal there shall be 10 monitoring benchmarks. Cross sectional and longitudinal
measurements shall be conducted quarterly for the first year after completion of the work, then annually for 4 more
years (along with photo documentation). Reports shall be submitted annually (after the end of the monitoring year).
Both the ACOE and DWQ shall be notified if repairs are necessary and receive approval prior to implementation.
Vegetation assessments shall also be made and reported during this time.
5. As discussed during the on-site meeting on October 8, 2010, in-stream structures shall be minimized to only the
amount necessary to maintain grade through the project.
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 or Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
oleen H. Sullins, Director
CHS/khb
Eric: GC3689
Certificate of Completion
cc: Blue Ridge Environmental Consultants, P.A.
Tasha McCormick - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Avery County Planning
ARO File copy
S:\S WP\Avery\401 s\Non-DOT\shawneehaw-banner elk\Appvl.09-0828v2.ShawneehawCk.doc