20090577 Ver 1_Approval Letter_20100302

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 2, 2010
Charles Rogers
Highland Forest Partners, LLC
684 St. Andrews Road
Waynesville, NC 28786
James W. Kirkpatrick III
Highland Forest Partners, LLC
37 Branner Avenue
Waynesville, NC 28786
Highland Forest Partners, LLC
165 Bankstown Road
Brooks, GA 30205
Subject: 401 Water Quality Certification - Approval
Highland Forest Subdivision
(and response to NOV-2009-SP-0014)
DWQ Project # 2009-0577
Haywood County
French Broad / Medford Branch/5-16-8-1/C-Tr; Browning Branch/5-16-8/C-Tr
Dear Sirs:
Dee Freeman
Secretary
The Division (Division) of Water Quality has completed the review of your 401 Water Quality Certification
application associated with the subject project listed above (revised application and NOV dated January 11,
2010).
Approval has been granted to place fill within or otherwise impact 0.094 acres of wetlands and 149 feet of
stream for the purpose of subdivision development 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 3705. This Certification allows
you to use Nationwide Permit 29 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 regulations.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vatumllil
Messrs. Rogers and Kirkpatrick
March 2, 2010
Page 2 of 3
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:
Amount Approved (Units) Plan Location or
Reference
Stream 149 (feet) Ref. PCN, Site Drawing,
[89 LF Medford Branch and Impact Table
and UT] (1/ 11/2010 Submittal)
[60 LF Browning
Branch and UT]
404 Wetlands 0.094 (acres) Ref. PCN, Site Drawing,
[0.064 acres Permanent] and Impact Table
[0.03 acres Temporary] (1/11/2010 Submittal)
Step Pool structures Culverts# 16 and 417
(ref. Additional
information and drawings
1/11/2010 Submittal)
Cross vane with step Culvert # 1 (ref.
Additional information
and drawings 1/ 11/2010
Submittal)
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 pe ' ' 50B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
This certification and its conditions are final and binding unless you ask for a hearing.
Additional Conditions
1) Both Medford Branch and Browning Branch are Trout Waters. In order to protect downstream uses
for Class C Trout Waters, a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
• Messrs. Rogers and Kirkpatrick
March 2, 2010
Page 3 of 3
(Resolution of NOV-2009-SP-0014)
2) The Division concurs with the recommendations for resolution of the perched culverts on the site.
Step pool structures are proposed for culverts # 16 and # 17; a cross vane structure is proposed for
culvert #1. All structures should conform with the proposal as outlined in the submittal by WNR
dated January 11, 2010. The Division reminds Highland Forest Partners that work must be
conducted "in the dry" and banks shall be matted and revegetated.
3) Also as stated in the January 11 submittal document, an as-built report shall be submitted to the
Division upon completion of the step pool structures, along with a 6 month written report, a 3 year
report and a final report at year 5. Visual monitoring, to include pictures, shall be performed during
the remaining years (up to year 5).
4) Should the structures become de-stabilized, corrective measures must be taken at the site (upon
approval from the Division of Water Quality).
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 Ms. Susan A. Wilson in the Asheville Regional
Office at [phone].
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Eric: GC3705
Certificate of Completion
cc: Lori Beckwith, USACE Asheville Regulatory Field Office
401 Permitting Unit
ARO File Copy
Jennifer Robertson, WNR
Dave McHenry, NCWRC
Haywood County Planning
S:\SWP\Haywood\401 s\Non-DOT1Highland Forest 09-0577\APRVL.401 Highland Forest 90-0577.Mar.2010.doc