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Home My WebLink About20090031 Ver 1_Approval Letter_20090123 o~ W A r/2;.y O~ Qc. g r- > - - -j p "'( Beverly Eaves Perdue, Governor Dee Freeman., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Suilins, Director Division of Water Quality January 23, 2009 DWQ Project # 09-0031 Macon County Doug Johnson Macon County Soil and Water Conservation District 191 Thomas Heights Road Franklin, NC 28734 Subject Property: Cartoogechaye Creek Campground Stream bank Restoration Cartoogechaye Creek [040401, 2-19-( 1), WS-III, Tr] Approval of 401 Water Quality Certification with ~dditional Conditions Dear Mr. Johnson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 255 feet of streams for the purpose of streambank stabilization at the subject property, as described within your application dated January 5, 2009 and received by the N.C. Division of Water Quality (DWQ) on January 9, 2009. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3689 (GC 3689), The Certification allows you to use Nationwide Permit 13/27 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 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 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 approvep as long as all of the other specific and general conditions ofthis Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: N~~hCarolina /vaturlllllf 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893 / Internet: hnp://h2o.enLstate.nc,us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/I 0% Post Consumer Paper Mr, Doug Johnson, Page 2 of3 January 23,2009 Amount Approved (Units) Plan Location or Reference Stream 255 (feet) peN page I I of 15 404/CAMA Wetlands o (acres) NA Waters o (acres) NA Buffers o (square ft.) NA 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint ofthe impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 5. 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 Mr, Doug Johnson, Page 3 of3 January 23, 2009 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. 6. Stream and Riparian Zone Restoration You have our approval for your proposed final stream bank stabilization plans. The stream restoration/stabilization must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. 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 Cyndi Karoly or Eric Kulz in the Central Office in Raleigh at 919-733-9721. ~' ~Ieen H. Sullins. CHS/EWK Enclosures: GC 3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office, DWQ Asheville Regional Office DLR Asheville Regional Office Matt Matthews - DWQ Wetlands and Stormwater Branch File Copy Paul Dow - Altamont Environmental, Inc. 50 College St., Asheville, NC 28801 Filename: 090031 CartoogechayeCreekCampgroundStreamStabilization(Macon )40 I