20100888 Ver 1_Approval Letter_20110204

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NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 4, 2011
Mr. Buddy Young
Lake Junaluska Assembly
P.O. Box 67
Lake Junaluska, NC 28745
Subject: 401 Water Quality Certification -Approval
Lake Junaluska Sediment Disposal
Resources
Dee Freeman
Secretary
DWQ Project # 10-0888
Haywood County
FRB / UT Lake Junaluska -Richland Creek (Susie Branch) / 5-16-(11.5)1 B
Dear Mr. Young:
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 3001inear feet of streams, preserve 200
linear feet of stream and enhance 15861inear feet of stream for the purpose of sediment disposal 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 3821. This Certification allows
you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USAGE). 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 USAGE 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 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 are met. Condition 2 must be met prior to these approved impacts. No other impacts
are approved including incidental impacts.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone; 828-296-45001 FAX: [phone] Customer Service: 1-877-623-6748
fnternet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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Mr. Young
February 4, 2011
Page 2 of 3
Impact Plan Location or Reference
Stream 300 linear feet Application (PCN)
2. Stream Enhancement and Preservation (Mitigation)
Before any of the impacts authorized in this Certification occur, the stream enhancement must be
constructed according to the plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or you must receive written approval from this Office to make the
repairs or adjustments. The enhanced stream segments (and preservation segments) must be preserved in
perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans.
The conservation easement must reflect the preservation of 1786 linear feet of streams, as well as the 30
feet of buffer on each site of the streams, from top of bank.
The following enhancement/preservation (mitigation) is hereby approved as long as all of the other
specific and general conditions of this Certification are met:
Amount Approved (Units) Plan Location or Reference
Stream Appx. 200 (feet) Ref. L26 - L30 of plans
Preservation
Stream Appx. 1586 (feet) Ref. L1 - L25 of plans
Enhancement level II
3. Monitoring Requirement
As-built plans of all restoration reaches including photo documentation and plant survival count must be
submitted to the NCDWQ annually for a period of five (5) years. The first as-built plan shall be
submitted after the completion of the enhancement and preservation, then annually thereafter,
documenting the status and stability of the restored reaches of stream, and including a narrative
description of any necessary maintenance work required. This monitoring shall be in conformance with
monitoring level 2 of the USACOE "Stream Mitigation Guidelines", dated Apri12003.
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.

Mr. Young
February 4, 2011
Page 3 of 3
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 Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
--°°s'"'
Coleen H. Sullins, Director
CHS/saw
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit -Central Office
Haywood County Erosion Control
File Copy
S:\SWP\Haywood\401 s\Non-DOT\Lake Junaluska Assembly Proj 2010\APRVL.Lake Junaluska sed disp.2 2011.doc