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Home My WebLink About20130977 Ver 1_Approval Letter_20130917a A '"i' ;Av NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 17,2013 - j DWQ # 13- 0977 Ashe County Division of Parks and Recreation Attn: Amin Davis Mail Service Center 1615 i Raleigh NC 27699 -1615 { i Subject: Approval of 401 Water Quality Certification with Additional Conditions Wagoner Access Rd Emergency Culvert Replacement Dear Mr. Davis: You have our approval for the impacts listed below for the purpose described in your application dated August 30, 2013 and received by the Division of Water Resources -Water Quality Programs (Division) on September 11, 2013 and subsequent information on September 17, 2013. These impacts are covered by the attached Water Quality General Certification Number 3883 and the conditions listed below. The General Certification allows you to use Nationwide Permit Number 3 once it is issued to you by U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. if the property is sold, the new owner must be given a copy of this approval letter and General Certifications) /Permit /Authorization and is responsible for complying with all conditions. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336 - 771 -50001 FAX: 336- 771 -46301 Customer Service: 1- 877 - 623 -6748 Internet: www.ncwateroualitv.ora An Equal Opportunity 1 Affirmative Action Employer Division of Parks and Recreation DWQ# 13 -0977 401 APPROVAL Page 2 of 3 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Temporary /Permanent Amount Approved (Units) Approved Impact (units) Stream Permanent 22 linear feet { 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. ,f If you change your project, you must notify the Division and you may required to i submit a new application package with the appropriate fee. If the property is sold, the new Owner must be given a copy of this approval letter and General Certification(s) /Permit /Authorization and is responsible for complying with,all conditions. 3. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the emergency culvert replacement. The Permittee shall keep all heavy equipment out of the stream channel. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B. This approval and its conditions are final and binding unless contested. This. Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the.Office of Administrative Hearings. You may obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call the OAH clerk's office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy along with any applicable filing fee is received in the Office of Administrative Hearings during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the original and one copy of the petition along with any applicable filing fee is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Division of Parks and Recreation DWQ# 13 -0977 401 APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division of Water Quality under section 401 of the Clean Water Act. Please contact Sue Homewood at 336 - 771 -4964 or Sue.Homewood @ncdenr.gov if you have any questions or concerns. I Sincerely, fty-W. Corey Basinger Regional Supervisor Water Quality Section Division of Water Resources Enclosures: GC 3883 Certificate of Completion cc: Tasha McCormick, USACE Asheville Regulatory Field Office (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit