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HomeMy WebLinkAbout20070623 Ver 1_Approval Letter_20070507Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 7, 2007 DWQ Project # 2007-0623 Polk County Ecosystem Enhancement Program Department of Environment and Natural Resources 1652 Mail Service Center Raleigh, NC, 27699-1652 Subject Property: Little White Oak Stream Restoration Site Ut Little White Oak Creek, Class C, 9-29-46-1 Approval of 401 Water Quality Certification To Whom it May Concern: You have our approval, in accordance with the attached conditions and those listed below, to conduct mitigation activities within 16,278.3 feet of streams at the subject property, as described within your application dated April 9, 2007 and received as complete by the N.C. Division of Water Quality (DWQ) on May 3, 2007. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3626 (GC3626). The Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other applicable regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The 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 404 Permit. NcorthCarol 401 Oversight/ExpressReview Permitting Unit atura!! 1650 Mai] Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper EEP: Little White Oak Stream Restoration Site Page 2 of 2 May 7, 2007 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 the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, ...~~ ~~ / ~' ,~ Alan W. Klimek, P.E. AWK/cbk Enclosures: GC 3626 Certificate of Completion cc: Suzanne Klimek, Ecosystem Enhancement Program USACE Asheville Regulatory Field Office DWQ Asheville Regional Office DLR Asheville Regional Office File Copy Central Files Wendee Smith, Mulkey, Inc., 6750 Tryon Road, Cary, NC, 27511 Filename: 20070623Litt1eWhiteOak(Polk)401