20051216 Ver 2_Approval Letter_20100526

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
May 26, 2010
Nathan Bennett
East Yancey Sewer and Water District
County Courthouse Room 11
Burnsville, NC 28714
Subject: 401 Water Quality Certification - Approval
E Yancey WWTP & Sewer Improvements
Natural Resources
Dee Freeman
Secretary
DWQ Project # 05-1216 V 2
Yancey County
FRB06 / South Toe River, Little Crabtree Creek, Ayles Creek / 7-2-52-(30.5), 7-2-52-33, 7-2-52-
33-11 / C; Tr
Dear Mr. Bennett:
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 125 feet of streams for the purpose of sewer
line installation 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 3699. This Certification allows
you to use Nationwide Permit 12 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 Trout Buffer
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: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Eaual Ooportunitv',. Affirmative Action Emolover LVJ
NorthCarolina
;Vaturallry
Nathan Bennett
May 26, 2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 125 (feet) Creek Crossing Location
Map
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 Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
R#r 4f. /,:::Z" Coleen H. Sullins, Director /9"
CHSlcbc
Enc: GC3699
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Vann waters - McGill
401 Permitting Unit - Central Office
File Copy
S:\SWP\Yancey\401s\Non-DOT\Yancey Sewer\APRVL.5.25.10.doc