HomeMy WebLinkAbout20120802 Ver 1_Approval Letter_20121015A -F
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
October 15, 2012
Mr. James Kneisley
P.O. Box 1266
Cashiers, NC 28712
Subject: 401 Water Quality Certification - Approval
Kneisley Dam
DWQ Project # 12 -0802
Jackson County
LTN / Rochester Creek / 4 -13 -2 / Class C — Trout+
Dear Mr. Kneisley:
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 149 feet of stream to create an approximately
0.08 acre pond 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 3890. This Certification allows
you to use Nationwide Permit 29 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 Division of Land
Resources, 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 - 296.45001 FAX 828- 299 -7043
Internet www ncwaterquality.org
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Amount Approved (Units)
Plan Location or Reference
Stream
Approximately 149 (feet)
(for a 0.08 acre pond)
PCN Application, C.3.a.
(and construction plans)
Location 2090 U S Highway 70, Swannanoa, North Carolina 28778
Phone, 828 - 296.45001 FAX 828- 299 -7043
Internet www ncwaterquality.org
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NorthCarolina
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Mr Kneisley
October 15, 2012
Page 2 of 2
The above stated impact is approved with the following additional conditions:
Bottom Release — the bottom, or "cold water" release must be included as presented in the plans
submitted with the application.
2. Temperature and Dissolved Oxygen monitoring. As stated during the site visit with you on September 5,
2012, the Division of Water Quality will require temperature and dissolved oxygen monitoring on a
quarterly basis for 3 years after completion of the dam. Monitoring should be conducted approximately
20 feet downstream of the impoundment. Background monitoring shall be conducted on the adjacent
tributary. A final report of the compiled data shall be submitted to the Division of Water Quality at the
end of the 3 year period. Should ownership of the property be sold or transferred, monitoring will still
be required (and this requirement must be disclosed to any future property holders).
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 -465.
Sincerely,
d
Charles Wakild, P.E., Director
CW /saw
Enc: GC3890
Certificate of Completion
cc: USACE Asheville Regulatory Field Office — David Brown
WeBSCaPe Unit — Ian McMillan
Jackson County Planning — Steve Beasley
Wildlife Resources — David McHenry
T.E. Allen Engineering, P.C. — Terry Allen, P.E.
File Copy
SA SWPVackson \401s\Non- D0T\Kneis1ey Pond\APRVL.Kneisley Dam. 10 2012.doc