20121127 Ver 1_Approval Letter_20130117

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ICDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
January 17, 2012
Sherry E. Gragg
North 40 Nursery
3950 Turner Mill Road
Morganton, North Carolina 28655
Subject: 401 Water Quality Certification - Approval
Jeff Gragg — Stream Bank Stabilization
DWQ Project # 2012 -1127
Caldwell County
CTB31 / Lower Creek / 11- 39 -(6.5) / Class WS -IV
Dear Mrs. Gragg:
John E. Skvada, III
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 825 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 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:
Location- 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296-45001 FAX: 828 - 299 -7043
Internet: www nmaterquality.org
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Amount Approved nits
Plan Location or Reference
Stream
1825 feet
Application Section C. 3.
Location- 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296-45001 FAX: 828 - 299 -7043
Internet: www nmaterquality.org
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Gragg — North 40 Nursery
January 17, 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.
ADDITIONAL CONDITIONS:
1. The attached Wildlife Resources Commission conditions are hereby incorporated as conditions of this
Water Quality Certification.
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 -4629.
Sincerely,
Cam' Z
for Charles Wakild, P.E., Director
CW /khb
Enc: GC3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S:\SWP\ Caldwell\ 401sW on- DOT NGragg. North40Nursery\Approval.Gragg.2012112701 -16 -2013 doc