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Home My WebLink About20120140 Ver 1_Approval Letter_20120326Alm'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director March 26 2012 Mark Byrd 6081 HWY 226 N Bakersville NC 28705 Subject 401 Water Quality Certification Approval Byrd Project (Deed Book 450 Pg 705) DWQ Project # 12 0140 Mitchell County FrB / UT N Toe / B Tr Dear Mr Byrd 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 0 09 acres of wetlands and 80 feet of streams for the purpose of access at the subject property This approval requires you to follow the conditions lusted in the attached Certification and any additional conditions listed below Project impacts are covered by General Water Quality Certification Number 3692 This Certification allows you to use Nationwide Permit 40 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 828 29645001 FAX 828 299 7043 Internet www nawaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturii4 Amount Approved (Units) cation or Reference Stream 80 (feet) S 1 Wetlands 0 09 (acres) W1 Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www nawaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturii4 Mark Byrd March 26 2012 Page 2 of 2 No impacts have been approved without US Army Corp of Engineer approval 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 2964500 Sincerely Ax Charles Wakild P E irector C W /!sw Enc GC3692 Certificate of Completion cc USACE Asheville Regulatory Field Office 401 Permitting Unit — Central Office File Copy S \SWP\Ivlitchel1\401s \Non DOT\Byrd\Approval byrd march2012 doc