20081355 Ver 2_Approval Letter_20081205

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s.
December 5, 2008
Yancey County
DWQ Project No 081355V2
NCSR 1318 (Chat lie Deyton Road)
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr J J Swain, Jr , P E
Division Engineer
N C Department of Tiansportation
Post Office Box 3279
Asheville, North Carolina 28802
Dear Mr Swain
You have our approval, in accordance with the attached conditions and those listed below, for the following impacts in
an unnamed tributary to Brush (Bush) Creek and in an unnamed tributary to the North Toe River, foi the purpose of
widening and making improvements to NCSR 1318 (Charlie Deyton Road) in Yancey County
Stream Im acts in the French Broad River Basin
Site Permanent Temporary Fill in Permanent Fill in Temporary Total Stream Stream
Fill in Intermittent Stream Perennial Stream Dewatering in Impact Impacts
Intermittent (linear ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear ft) Mitigation
linear ft) linear ft)
Original 0 0 10 60 70 0
approved
impacts at
Site 1 Sta
18+76
Additional 0 0 10 60 70
Impacts
with this
approval at
Site 2 Sta
55+28
Total 0 0 20 120 140 0
Total Stream Permanent Impact for Project- 20 linear feet Temporary Impact for Project: 120 linear feet
The project should be constructed in accordance with your application dated November 24, 2008 (received December 3,
2008), including the environmental commitments made in the application letter After reviewing your application, we
have decided that these impacts are covered by General Water Quality Certification No 3704, corresponding to the U S
Army Corps of Engineers Nationwide Permit Number 14 In addition, you should.acquire any other federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations
North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa NC 28778
Internet www ncwaterquality org
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
NorthCarolina
Naturally
Phone [phone] Customer Service
FAX [phone]
An Equal OpportunitylAffirmabve Action Employer
Mr J J Swain, Jr, P E
December 5, 2008
Page Two
This approval is valid solely for the purpose and design described in your application dated November 24, 2008 (received
November_, 2008) All authorized activities and conditions of certification associated with the original Water Quality
Certification dated September 9, 2008, still apply except as superceded by this certification Should your pioject change,
you must notify the DWQ and submit 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 wetland fills
for this project (now or in the future) exceed one acre, or if total impacts to streams (now or in the future) exceed 150
linear feet, compensatory mitigation may be required as desciibed in 15A NCAC 2H 0506 (h) (6) and (7) For this
approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below
I All other conditions written into the previous Water Quality Certification dated September 9, 2008, for this project
still apply
2 The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
with the application
3 A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager
4 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any
other appropriate requirements of State or Federal law If DWQ determines that such standards or laws are not being
met (including failure to sustain a designated or achieved use) or that State of Federal law if being violated, or that
further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification
5 The Permittee shall report any violations of this certification to the Division of Water Quality within 24-hours of
discovery
6 Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd , Suite 250, Raleigh, North Carolina 27604
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties This Certification shall become null and void unless the above conditions are made conditions of
the Federal 404 and or Coastal Area Management Act Permit This Certification shall expire upon the expiration of the
404 or CAMA Permit
If you do not accept any of the conditions of this certification, 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
Mr J J Swain, Jr, P E
December 5, 2008
Page Two
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 Mr Mike Parker of the Asheville Regional Office at 828 296 4500
Sincerely,
Od-Coleen H Sullins, Dir etor
Division of Water Quality
cc Roger Bryan, Division 13, DEO
Ed Ingle, Roadside Environmental
David Baker, USACE, Asheville Field Office
Transportation Permitting Unit
Mike Parker, Asheville Regional Office
081355V 2 (Swain) NCSR 1318 (Charlie Deyton Road)