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HomeMy WebLinkAbout20080810 Ver 1_Approval Letter_20080724F W A rF gQG 40 Michael F. Easley, Governor y William G. Ross Jr., Secretary C/ ?- North Carolina Department of Environment and Natural Resources Q Coleen H. Sullins, Director Division of Water Quality July 24, 2008 Mr. John Harrison Harrison Development PO Box 187 Greenwood, SC 29648 Subject Property: Hidden River Subdivision Passmore Branch [040501, 1-28, WSIV] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Harrison: DWQ Project # 08-0810 Clay County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 142 feet of streams for the purpose of constructing a residential development at the subject property, as described within your application dated May 9, 2008 and received by the N.C. Division of Water Quality (DWQ) on May 12, 2008. Additional information was requested on May 20, 2008 and was received on June 20, 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) 29 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, and Non-Discharge regualtions. 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 or CAMA Permit. 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 are met. No other impacts are approved including incidental impacts: NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. John Harrison Page 2 of 2 July 24, 2008 Amount Approved (feet) Plan Location or Reference Stream 4 Culvert #I Stream 55 Culvert 42 Stream 43 Culvert #3 Stream 10 Culvert #4 Stream 10 Culvert 45 Stream 10 Culvert #6 Stream 10 Culvert #7 Total 142 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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. 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 Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Starr Silvis in the DWQ Asheville Regional Office at 828-296-4665. Sincerely, /Vt Coleen -I. Sullins, Director CHS/ses Enclosures: GC 3705 Certificate of Completion cc: Mr. John Chastain, Synterra, 148 River St., Suite 220, Greenville, SC 29601 USACE Asheville Regulatory Field Office Asheville Regional Office DLR Asheville Regional Office Central Files Cyndi Karoly, Wetlands & Stormwater: 401 Certification Unit G:\WPDATA\DEMWQ\CLAY\401 s\08-0810. HiddenRiver.Approval.doc