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HomeMy WebLinkAbout20100738 Ver 1_Approval Letter_20101021NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2010 Mr. James C. Freeman 44 Sunset Drive Asheville, NC 28806 Subject: 401 Water Quality Certification - Approval James C. Freeman (Bank Stabilization) DWQ Project # 10-0738 Buncombe County FRB02 / North Turkey Creek / 6-92-13-1 / Class C Dear Mr. Freeman: Dee Freeman Secretary 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 55 feet of stream for the purpose of bank stabilization 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 3689. This Certification allows you to use Nationwide Permit 13 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 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 55 (feet) As stated on Plans (bank stabilization including J Hook) Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer N?orthCarohna atura!!r? Mr. Freeman October 21, 2010 Page 2 of 2 The Division recommends natural fiber matting for stabilization (and this is stated on the plans). In addition, the Division reminds you of Condition 7 of the General Certification regarding working "in the dry ". 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 Susan A. Wilson in the Asheville Regional Office at (828) 296-4500. Sincerely, Coleen H. Sullins, Director CHS/saw Enc: GC3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office 401 Permitting Unit - Central Office File Copy S:\SWP\Buncombe\401s\Non-DOT\Freeman Bank Stabil ization\APRVL. Freeman Bank Stab. 10 2010.doc