20091334 Ver 1_Approval Letter_20100406

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 6, 2010
Roy J. and Brenda Young
627 Walker Branch Road
Mars Hill, NC 28754
Subject: 401 Water Quality Certification - Approval
Highway 19 Project/Young Residence
DWQ-Project # 09-.1334 --
Madison County
FRB04 / UT Middle Fork Little Ivy Creek / 6-96-10-1 / WS-II, HQW
Dear Mr. and Mrs. Young:
The Division of Water Quality 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 140 feet of streams for the purpose of a
driveway to access 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 39 when issued by the US Army Corps of Engineers (USAGE). 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 Madison County
watershed 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:
Amount Approved (Units) Plan Location or Reference
Stream 140 (feet) application
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] l Customer Service: 1.877-623-6748
Internet: www.ncwaterquali?.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
naturally
Mr. and Mrs. Young
April 6, 2010
Page 2 of 3
Additional Conditions
1. Impervious Surface Threshold
The impervious surface threshold for HQW (High Quality Waters) is 12%. The impervious surface
requirement for WS-II is also 12%. You have not indicated an impervious surface area for your project
on the PCN Application received December 21, 2009 (or in the additional information you submitted
dated February 11, 2010).
Within 30 days of approval of this 401 certification, you must submit the percent impervious area
for your project (the impervious area includes any areas with gravel as well as any buildings or
paved surfaces).
- ---------- -
You are reminded that if you have or will exceed the 12% impervious surface for the affected drainage
area, you will be required to develop, submit for DWQ approval, and implement a Stormwater
Management Plan. The stormwater management plan must include construction plans, specifications,
stormwater BMP worksheets, and supporting calculations. The stormwater best management practices
are required to be appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual
2. Vegetative Buffer
A 30 foot wide vegetated buffer from an HQW stream is required, per 15A NCAC 02H .1006 (2)(c).
All impervious surfaces must be at least 30 feet from the HQW classified stream and protective fencing
is recommended.
3. Diffuse Flow
There should be no direct discharge of concentrated stormwater.
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.
Mr. and Mrs. Young
April 6, 2010
Page 3 of 3
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 Susan A. Wilson in the Asheville Regional Office
at 828-296-4665.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3705
Certificate of Completion
cc; USACE Asheville Regulatory Field Office, David Baker
401 Permitting Unit - Central Office
Julie Ventaloro, NPSCU
Madison County Planning, Ryan Cody
ARO File Copy
S:\SWP\Madison\401s\Non-DOT\Young, Roy Property - Highway 19 project\APRVL.Hwy 19 Young prop.04 2010.doe