20120891 Ver 1_Approval Letter_20121108

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E.
Governor Director
November 8, 2012
Mr. N. Ross Irvine
2267 Plott Creek Road
Waynesville, NC 28786
Subject: 401 Water Quality Certification - Approval
N. Ross Irvine Stream Stabilization
DWQ Project # 12 -0891
Haywood County
FRB / Plott Creek / Stream Index 5 -16 -9 / Class C -Trout
Dear Mr. Irvine:
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 approximately 900 feet of streams for the
purpose of stream 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 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:
Amount Approved (Units) Plan Location or Reference
Stream I Appx. 900 (feet) PCN alend nlanc_
Location 2090 U S Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 2964500\ FAX 828 - 299 -7043
Internet www ncwaterquality org
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Mr Irvine
November 8, 2012
Page 2 of 2
Additional Conditions:
1. Planting —Similar to stream mitigation requirements, a 30 foot vegetative buffer shall be maintained on
each side of the restored stream. This is required to ensure long term stability of the restored stream. A
copy of the Riparian Buffer Guidelines is attached, which contains recommended density and plantings.
You should work with your local NRCS office to ensure compliance with this requirement.
2. Monitoring — Post construction monitoring will be as follows:
a. Perform longitudinal profile and two cross sections, along with reference photos at the structures
and other representative areas (as- builts, then years 1, 3, and S),
b. Perform photo - documentation and perform visual inspection of these same areas (annually,
through year 5).
c. Submit a report to DWQ /ARO after completion of the survey at year 3. The reports will include
a discussion of any observed damage and corrective actions implemented or planned.
d. Monitoring and evaluation of the riparian vegetation shall be included with these reports.
The project should also follow the recommendations provided by NC Wildlife Resource Commission, via letter
dated July 12, 2012. 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 -4665.
Sincerely,
for Charles'Wakild, Y.E.Vrector ,
C W /saw
Enc: GC3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office — David Brown
WBSCP Unit — Karen Higgins
USDA — NRCS - John Ottinger, 589 Raccoon Road, Waynesville, NC 28786
ARO File Copy
S : \SWP\Haywood \401sWon- DOT\Irvine USDA Proj Plott Crk\APRVL.Irvine Stabilization. 12 0891.11 2012.doc