Loading...
HomeMy WebLinkAbout20091141 Ver 1_Approval Letter_20100129- 7*3N NCD NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 29, 2010 City of Lenoir-Greenway Trail Charles Beatty 801 West Avenue Lenoir, NC 28645 Subject: Reissued-401 Water Quality Certification -Approval Lenoir Greenway DWQ Project # 09-1141 Caldwell County CTB / Zacks Fork Creek / I 1-39-1 / Class C Dear Mr. Beatty: The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. This approval supersedes the previously issue approval dated December 7, 2009. This approval is being reissued to match the US Army Corps of Engineers Permit issued January 28, 2010. Approval has been granted to place fill within or otherwise impact 80 feet of streams for the purpose of Streambank Stabilization along the Lenoir Greenway Trail Project. 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 & 3705. This Certification allows you to use Nationwide Permits 13&18 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 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: Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone 828-296-45001 FAX: 828-299-70431 Customer Service: 1-877-623-6748 One Internet: www.ncwaterquality.org NorthCaroltna An Equal Opportunity t Affirmative Action Employer Natmrall? City of Lenoir-Greenway January 29, 2010 Page 2 of 2 Amount Approved (Units) Plan Location or Reference Stream 80 (feet) S1 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/lsw Enc: GC3689 & 3705 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit - Central Office File Copy JAI JALARAM BAPA LLC-Urmil Patel 206 Blowing Rock Blvd. Lenoir, NC 28645 McGill Associates-Dave Richmond 1240 19th Street, Lane NW Hickory, NC 28603 SAS WP\Caldwe 11\40 1 s\Non-DOT\LenoirGreenway\09-1141 Reissue-LenoirGreenwayApproval.docx