HomeMy WebLinkAbout20130183 Ver 1_Approval Letter_20130318CCDEEIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvada, III
Governor Director Secretary
March 18, 2013
R. Douglas Benson
Post Office Box 7280
Pensacola, Florida 32534
Subject: 401 Water Quality Certification - Approval
Benson Impoundment Enlargement
DWQ Project # 2013 -0183
Transylvania County
FRB01 / UT East Fork French Broad River / 6 -6 / B; Tr; HQW
Dear Mr. Benson:
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 40 linear feet of stream for the purpose of
impoundment expansion 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 3890. This Certification allows
you to use Nationwide Permit 29 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 Trout Buffer
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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-2%45001 FAX: 828 - 299 -7043
Internet www.ncwaterqualk.org
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Amount Approved nits
Plan Location or Reference
Stream
40 (linear feet
Application Item C.3.S2
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-2%45001 FAX: 828 - 299 -7043
Internet www.ncwaterqualk.org
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R. Douglas Benson i
March 18, 2013
Page 2 of 3 ^ 1.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Additional Conditions
1. Sensitive Watershed Erosion and Sediment Control Practices
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124)
must be adhered to throughout the life of this project.
2. Turbidity Standard
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.
3. Normal base outflow (during summer to fall) from the dam must be drawn from near the pond bottom with
the proposed siphon system or comparably functioning device to reduce the stream warming that the pond
causes. The new pond outlet must draw primary outflow from near the pond bottom.
Typical pond riser bottom outlet
To maintain cool outflow and good water quality, a sleeved standpipe should be used to draw outflow water
from near the bottom of the pond. The easiest way to accomplish a near -bottom outflow is to place a larger
pipe (i.e. shroud or sleeve) over the standpipe so that water flows up through the bottom of the larger pipe
and then down through the outlet (riser) pipe (see inset and page 6 of
http: / /www.ncwildlife.orglpg03 Fishing/images/PONDMANS.PDF).
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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.
Douglas Benson
arch 18, 2013
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 Kevin Barnett in the Asheville Regional Office at
(828) 296 -4657.
Sincerely,
for Charles Wakild, P.E., Director
CW /khb
Enc: GC3890
Certificate of Completion
cc: Matt Cantrell, Cantrell Construction
6776 Greenville highway, Brevard, North Carolina 28712
David McHenry, NC Wildlife Resources Commission
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S:\SWP \TransylvaniaWOls\Non- DOT \Benson.EForkFBroadWPPVL.03 -18 -2013 doc