20081377 Ver 1_Approval Letter_20081231

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December 31, 2008
Ms. Connie South
Town of Cajah's Mountain
1800 Connelly Springs Road
Lenoir, North Carolina 28645
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
Subject: 401 Water Quality Certification - Approval
Fairway Acres Sanitary Sewer
DWQ Project # 08-1377
Caldwell County
CTB32 / UT to Gunpowder Creek / 11-55-(0.5) / C
Dear Ms. South:
The DWQ has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.06 acres of wetlands and
1,60 feet of streams for the purpose of constructing a sanitary sewer line at the subject property,
as described within your application dated September 3, 2008. This approval requires you to
follow the conditions listed in the attached Certification and any additional conditions
listed below.
Project impacts are covered by General Water Quality Certification Number 3699. This
Certification allows you to use Nationwide Permit 12 when issued by the US Army Corps of
Engineers (USACE). 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 corresponding USACE General Permit Verification. 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 Stormwater regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and may be required to submit a new application.
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:
N `thCarolina
Noaturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterquality.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
Connie South
Page 2 of 2
December 31, 2008
Amount Approved (Units) Plan Location or Reference
Stream 160 (feet) 8 crossings
404 Wetlands 0.06 (acres) 255x10 permanent fill
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
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 your application by the Division of Water Quality under
Section 401 of the Clean Water Act. If you have any questions, please contact Linda Wiggs in
the Asheville Regional Office at 828-296-4500.
Sincerely,
lAi Coleen H. Sullins, Director
CHS/lsw
Enc: GC 3699
Certificate of Completion
cc: Clarence Lockamy
Wooten Company
1430B Old Lenoir Rd N.W.
Hickory, NC 28601
USACE Asheville Regulatory Field Office
ermit?ing Unit ?Cent-raLOffice
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File Copy
Filename: G:\WPDATA\DEMWQ\Caldwell\401s\08-1377_CajahMtn_Approval_12-30-08.doc