20080546 Ver 1_Approval Letter_20080709

O?O? W A T FRQG
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Anne Winkleman
315 Lazy Bear Trail
Vilas, NC 28691
Subject Property
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 9, 2008
DWQ Project # 08-0546
Avery County
Winkleman - Buckeye Road Property
Beech Creek, Avery County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Winkleman:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.089 acres of wetlands for the purpose of impoundment
construction at the subject property, as described within your application received by the N.C.
Division of Water Quality (DWQ) on March 24, 2008, and additional information received June
2, 2008. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you
to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
o One
NhCarolina
North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service NatmhRlly
Internet: www.ncwaterquality.org Fax [phone]
G:\WPDATA\DEMWQ\Avery\401 s\08-0546. Winkleman-BuckeyeRoadProject.Approval.doc
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Winkleman - Buckeye Road
Page 2 of 3
July 9, 2008
Amount Approved
(Units) Plan Location or Reference
404 Wetlands 0.001 (acres) Impact 1
404 Wetlands 0.075 (acres) Impact 2
404 Wetlands 0.013 (acres) Impact 3
2. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213 .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
3. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources or locally delegated
program has released the project.
4. Trout Moratorium
The receiving stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional work
conducted within the stream may not occur between the dates of October 15 through
April 15.
5. Water Release Sturcture
The water release structure for this dam must be designed for mid-column release during
normal flows and during low flow conditions it must also provide for low flow release to
the downstream channel.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The 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 404 or CAMA Permit.
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.
Winkleman - Buckeye Road
Page 3 of 3
July 9, 2008
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721.
Sincerely,
I
?-1 Coleen H. Sullins, Director
Division of Water Quality
CHSIkhb
Enclosures: GC3705
Certificate of Completion
cc: John Vilas, ENV-ECS, Inc.
643 Greenway Road
Suite K-3
Boone, NC 28607
USACE Asheville Regulatory Field Office
Cyndi Karoly
DWQ Asheville Regional Office
DLR Asheville Regional Office
Central Files
Filename: 08-0546. Winkleman-BuckeyeRo adProj ect. Approval