20090341 Ver 1_Approval Letter_20090505

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NCENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 5, 2009
Diamond Creek Development, LLC
Mr. John McNeely
PO Box 2462
Banner Elk NC 28604
Subject: 401 Water Quality Certification - Approval
Diamond Creek Stream Enhancement
DWQ Project # 09-0341
Avery County
Watauga Basin/Unnamed Tributary to Hanging Rock Crk
Dear Mr. McNeely:
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 enhance 370 feet of stream for the purpose of enhancement/stabilization using
natural channel design techniques at the subject property. 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 3689. This Certification allows
you to use Nationwide Permit 27 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 Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed 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 PCN Form (Surface Water 2a.) denotes nearest body of water as Horse Bottom Creek. The Project
Information (lb.) indicates a Latitude/Longitude for an Unnamed Tributary to Hanging Rock Creek.
The approval reflects the Coordinates cited. The impacts listed below 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.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.iicwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Nattirally
Diamond Crk
May 5, 2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
UT Hanging Rock
Crk 370 (feet) Valle Crucis Quad
36.1536N/81.8403 W
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,
?Coleen H. Sullins, Director
CHS/Isw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
Wetland and Environmental Planning Group
Leonard Rinder
3714 Spokeshave Lane
Matthews, NC 28105
G:\ W PDATA\DEM WQ\Avery\401 s\09-0341 DiamondCrk-Approval.doc