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Home My WebLink About20120548 Ver 1_Approval Letter_20120712w�LF WY t® D NC®ENR Copy North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 12 2012 Ummm Corporation Andrew Bradley Attn Mike Vencill 107 Harris Mining Company Rd Spruce Pine NC 28777 Division of Water Quality Charles Waklld P E Director Subject 401 Water Quality Certification - Approval North Toe River Bank Stabilization DWQ Project # 12 0548 Avery County FrB /N Toe / 7 2 (27 7) / C Tr Dear Mr Bradley Dee Freeman Secretary The Division of Water Quality (DWQ) 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 1140 feet of streams 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 3885 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 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 Hghway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www ncwaterqualdy org An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturally Amount Approved (Units) Plan Location or Reference Stream I 1140 (feet) S 1 S4 application Location 2090 U S Hghway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www ncwaterqualdy org An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturally Ummm N Toe Bank Stabilization July 12 2012 Page 2 of 2 Conditions Stream/Structure Stability Monitoring Upon completion of construction activities the structures shall be surveyed as built drawings developed along with photo documentation of the project all shall be submitted to DWQ Also included in the as built submittal with photo documentation shall be the location and restoration technique of the access areas and the ford Annually for three years this project shall be monitored An annual report shall be submitted to the DWQ including a narrative of findings, surveys repairs needed and photographic documentation of conditions at the structures and access areas The as built submittal shall be submitted within 30 days of the completion of the project then for three years thereafter the annual reports shall be submitted Submit the as built submittal and annual reports to Division of Water Quality, 2090 US HWY 70 Swannanoa NC 28778 The Division of Water Quality, Asheville Regional Office, requires contact be made approximately two weeks prior to beginning construction activities All comments submitted to the NC Wildlife Resources Commission letter dated July 3, 2012 are hereby incorporated into this 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 828 296 4500 Sincerely, Charles Wakild E Director CW /lsw Enc GC3885 Certificate of Completion cc USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office File Copy Wildlife Resources Commission Dave Mc Henry Clear Water (e copy) S \SWP\Avery\40I Mon DOT\North Toe River Bank Stabilizaton\NToePvr Approval July 2012 doc