20090713 Ver 2_Approval Letter_20100602

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 2, 2010
David Jennings
PO Box 176
Banner Elk, NC 28604
Subject: 401 Water Quality Certification - Approval
Berry Road
DWQ Project #09-0713v2
Avery County
WAT / UT Watauga River / 8-(1) / B,Tr, HQW
Dear Mr. Jennings:
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 145 feet of streams for the purpose of
relocating stream channel 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 3821. This Certification allows
you to use Nationwide Permit 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:
Amount Approved (Units) Plan Location or Reference
Stream 145 (feet) [S I
Location: 2090 VS. 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
Aaturall#
Jennings
June 2, 2010
Page 2 of 2
Additional Conditions
1. Stream Relocation:
The stream and buffer relocation must be constructed, maintained, and monitored according to the approved
plans in the application and modifications to the application. Any adjustments made must receive written
approval from this Office.
2. Trout Buffer:
A Trout Buffer Variance shall be approved in writing by the Division of Land Resources before the impacts
specified in this Certification occur.
3. Sensitive Watershed Erosion and Sediment Control Practices:
The Division of Land Resources' Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) must
be adhered to throughout the life of this project.
4. Turbidity Standard:
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard.
5. Trout Moratorium:
The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters a
requirement of this Certification is that any work conducted within the stream may not occur between the
dates of October 15 through April 15.
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
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
Grey Hauser-DLR Raleigh Office
Avery County Planning
S:\S W P\Avery\401 s\Non-DOT\BerryRd-Jennings\Approva109-0713-V2.doc