HomeMy WebLinkAbout20141122 Ver 1_Approval Letter_20150113�r q t ci
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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
January 13, 2015
DWR # 14 -1122
Cherokee County
Murphy Congregation of Jehovah Witnesses
Attn: Matt Kruse
195 Hwy 64 E
Brasstown, NC 28902
Hiwassee River Watershed Coalition, Inc.
Attn: Cattle Moore
90 Tennessee Street, Ste. D
Murphy, NC 28906
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Morgan Creek Stream Restoration Project
Dear Mr. Kruse .& Ms. Moore:..
In accordance with your application dated October 10, 2014 and additional information received on December
23, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to
follow the conditions listed in the enclosed certification(s) or general permit and any additional. conditions
listed below..
Project impacts are covered by the attached Water Quality General Certification Number 3885 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply
with any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Erosion and Sediment. Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTSAFPROVED
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. -
Water Quality Regional Operatons — Asheville Regional Cries
2090 US Hwy 70, Swannanca, NO 28778
Phone: 828 - 29646001 FAX: 828- 299 -7043
Iatemet: He flporla1.nc0enr.org1veblwglws.
An EgUal Opportunity l ARinative Action Employer
Murphy Congregation of Jehovah Witnesses/Hiwassee River Watershed Coalition, Ina.
nWR9 14 -1122
Page 2 of 3
ADDITIONAL CONDITIONS
1. 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/Authorization. If you change
your project, you must notify the Division and you may be required to submit 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.
2. The designer or his designee shall supervise the installation of in- stream structures.
3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals.
4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first
year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly
after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation
may require future repairs or replacement, which requires coordination with the Asheville Regional
Office to ensure the stability and water quality of the stream and downstream waters.
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 1505 by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days
A petition form may be obtained from the OAH at httn' / /www ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through "
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission:
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Ifsending via delivery service (UPS,
FedEx; etc):
Office of Administrative Hearings -
1711 New Hope Church Road
Raleigh, NC 27609 -6285
Amount Approved
Type of Impact
Amount Approved
Temporary
Permanent
Stream
1,277 linear feet
(linear feet
Wetlands
0.02 acres
0.05 (acres)
ADDITIONAL CONDITIONS
1. 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/Authorization. If you change
your project, you must notify the Division and you may be required to submit 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.
2. The designer or his designee shall supervise the installation of in- stream structures.
3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals.
4. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first
year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly
after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation
may require future repairs or replacement, which requires coordination with the Asheville Regional
Office to ensure the stability and water quality of the stream and downstream waters.
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 1505 by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days
A petition form may be obtained from the OAH at httn' / /www ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through "
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission:
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Ifsending via delivery service (UPS,
FedEx; etc):
Office of Administrative Hearings -
1711 New Hope Church Road
Raleigh, NC 27609 -6285
Murphy Congregation oflehovah Wituesses/Hiv ussee River Watershed Coalition, In,
15WRR 141122 _
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox ncdenr.aov if you have any questions or
concerns.
Sincerely,
G. Landon Davidson,P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: DWR ARO 401 files
ec: Ian Eckhart — Wildlands Engineering, Inc.
David Brown — USACE Asheville Regulatory Field Office
Andrea Leslie - NCWRC
DoG: \WR\WQ \Cherokee \401s \Non- DOTWorgan GmekAPRVL.40l MorganC.e k.01- 12- 2015.docc..entI