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Home My WebLink About20120630 Ver 1_Approval Letter_20120820-t® NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor August 20, 2012 Kristin Bail USDA Forest Service 160 Zillicoa Street Suite A Asheville, North Carolina 28801 Division of Water Quality Charles Wakild, P.E. Director Subject: 401 Water Quality Certification - Approval South Fork Mills River Bank Stabilization DWQ Project # 2012 -0630 Transylvania County FRB03 / South Fork Mills River / 6 -54 -3 / Class WSII; Tr; ORW Dear Ms. Bail: 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 73 feet of streams for the purpose of stream 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 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 and Water Supply Watershed 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 - 296 -45001 FAX: 828 - 299 -7043 Internet: www.ncwaterquality.org 4n Fn, ml Onnnrt„n,h, t 4ffrmof a 4rhnn Gmnlnvcr One NorthCarolina Nahmdl& USDA Forest Service August 20, 2012 Page 2 of 2 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 Kevin Barnett in the Asheville Regional Office at 828 - 296 -4657. Sincerely, Charles V'akild, P.E., Director CW /khb Enc: GC3885 Certificate of Completion cc: David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office File Copy S: \S WP \Transylvania \401 s\Non- DOT\SouthForkMillsRiver. USDA\ SForkMillsRiver .120630.Appvl.doc Amount Approved (Units) Plan Location or Reference Stream 10 (feet) Dam Removal Stream 45 (feet) Fill Eroded Side Channel Stream 18 (feet) Stream Bank Stabilization 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 Kevin Barnett in the Asheville Regional Office at 828 - 296 -4657. Sincerely, Charles V'akild, P.E., Director CW /khb Enc: GC3885 Certificate of Completion cc: David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WeBSCaPe Unit — Central Office File Copy S: \S WP \Transylvania \401 s\Non- DOT\SouthForkMillsRiver. USDA\ SForkMillsRiver .120630.Appvl.doc