20091039 Ver 2_Approval Letter_20100517

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Approval of 401 Water Quality Certification with Additional Conditions
Mr. J. B. Setzer, P.E.
Division 14 Engineer
North Carolina Department of Transportation
253 Webster Road
Sylva, North Carolina, 28779
Dear Mr. Setzer:
Natural Resources
Dee Freeman
Secretary
May 17, 2010
Graham County
DWQ Project 09-1039V.2
NCSR 1249 (Old Field Gap Road)
You have our approval, in accordance with the conditions listed below, for the following impacts in Puncheon Camp
Branch for the purpose of widening and making improvements to NCSR 1249 (Old Field Gap Road ) in Graham County:
Stream m pacts in the Little Tennessee River Basin
Site Permanent Temporary Fill Permanent Fill in Temporary Total Stream Stream
Fill in in Intermittent Perennial Stream Dewatering in Impact Impacts
Intermittent Stream (linear ft) (linear ft) Perennial Stream (linear ft) Requiring
Stream (linear ft) Mitigation
(linear ft linear It
Site 17 0 0 20 105 125 0
Total 0 0 20 105 125 0
Total Stream Permanent Impact for Project: 20 linear feet. Temporary Impact for Project: 105 linear feet.
The project should be constructed in accordance with your application dated May 7, 2010 (received May 11, 2010),
including the environmental commitments made in the application letter. After reviewing your application, we have
decided that these impacts are covered by General Water Quality Certification No. 3704, corresponding to the U.S. Army
Corps of Engineers Nationwide Permit Number 14. In addition, you should acquire any other federal, state or local
permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge
and Water Supply Watershed regulations.
This approval is valid solely for the purpose and design described in your application (unless modified below). Should
your project change, you must notify the DWQ and submit 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 wetland fills for this project (now or in the future) exceed one acre, or if total impacts to streams (now
or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
SURFACE WATER PROTECTION SECTION - ASHEVILLE REGIONAL OFFICE
Location: 2090 U.S. Hghway 70, Swannanoa, North Carolina 28778 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org //
An Equal Opportunity 1 Affirmative Action Employer aturQL lU
Mr. J. B. Setzer, P.E.
May 17, 2010
Page Two
Condition(s) of Certification:
1. All other conditions written into the previous Water Quality Certification No. 20091039, dated October 27, 2009, for
this project still apply.
2. The permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted
with the application.
3. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer
and the on-site project manager.
4. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certificate of
Completion Form" to notify NCDWQ when all work included in the §401 Certification has been completed. This
form shall be returned to the Transportation Permitting Unit of the NC Division of Water Quality, 2321 Crabtree
Blvd., Suite 250, Raleigh, North Carolina 27604.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404
or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter
I SOB of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the
Certification. Unless such demands are made, this Certification shall be final and binding.
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 Mr. Mike Parker of the Asheville Regional Office at 828.296.4500.
Sincerely,
Cole H. Sullins, Director
Division of Water Quality
cc: David Baker, USACE, Asheville Field Office
Mark Davis, Division 14, DEO
Ed Ingle, Roadside Environmental
Transportation Permitting Unit
Asheville Regional Office
091039V.2 (Setzer) NCSR 1249 (Old Field Gap Road)