20100198 Ver 1_Approval Letter_20100604

A` Fly-WA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Colleen H. Sullins
Director
Dee Freeman
Secretary
June 4, 2010
Shane Vance
2435 Jackson Town Road
Spruce Pine, North Carolina 28777
Subject: 401 Water Quality Certification - Approval
Rose Creek Restoration
DWQ Project # 2010-0198
Mitchell County
FRB06 / Rose Creek / 7-2-37 / C Tr
Dear Mr. Vance:
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 850 feet of streams for the purpose of stream
restoration at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below. h.
Project impacts are covered by General Water Quality Certification Number 3689. This Certification allows
you to use Nationwide Permit 27 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 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.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.newaterqualiity.org
An Equal Opportunity \ Affirmative Action Employer CG
NorthCarolina
Naturally
Shane Vance
June 4, 2010
Page 2 of 3
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 850 (feet) Rose Creek
Additional Conditions
1. 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.
2. Trout Moratorium
The stream is a Class C 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.
3. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Asheville Regional Office at 828-296-4500
three (3) days prior to the commencement of construction.
4. Project Monitoring
This project shall be monitored for stability and riparian success, annually, for a period of no less than three
(3) years from completion. At the end of construction, an as-built survey shall be compiled including
photographic documentation of structures and features, and submitted within 30 calendar days. Annually,
for three (3) years after the submission of the as-built survey, monitoring of both stream stability and
riparian buffer plant density, shall be collected, and compared to the as-built drawings, along with
photographic documentation of the same structures and features previously submitted. This annual survey
shall be submitted within 30 days of the annual event and include a narrative discussing the site progression
as well as addressing any needed repairs. All submissions shall be submitted as a single copy to both the
401 Water Quality Permitting Unit in Raleigh and the Asheville Regional Office at their respective
addresses.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Shane Vance
June 4, 2010
Page 3 of 3
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
&41101?
Coleen H. Sullins, Director
CHS1khb
Enc: GC3689
Certificate of Completion
cc: Andrew Bick, Confluence Engineering
16 Broad Street, Asheville NC 28801
Cliff Vinson, Blue Ridge RC&D
11943 South 226 Highway, Suite C, Spruce Pine NC 28777
David Baker, USACE Asheville Regulatory Field Office
Ron Linville, NC Wildlife Resources Commission
401 Permitting Unit - Central Office
File Copy
S:\S WP\Mitchell\401 s\Non-DOT110-0198.RoseCreek\RoseCreekRestoration.approval.06032010.doc