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Home My WebLink About20130141 Ver 1_Approval Letter_201303204, -A I�CDE�IR LL North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvada, III Governor Director Secretary March 20, 2013 Marc Hehn 117 Dorchester Avenue Summerville, South Carolina 29483 Fisery ISS & Co. Trustee FBO J. Marc Hehn, IRA Post Office Box 173859 Denver, Colorado 80217 -3859 Subject: 401 Water Quality Certification - Approval Apple Cottage Relocation DWQ Project # 2013 -0140 Macon County LTNO1 / Satulah Branch / 2- 21 -3 -1 / Class WS -III Dear Mr. Hehn: 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 0.08 acres of wetlands for the purpose of property development 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 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 None Carolina Internet www.ncwaterqualty.org • -r- � -- _..�- - atu�a�� Marc Hehn March 20, 2013 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, for Charles Wakild, P.E., Director CW /khb Enc: GC3890 Certificate of Completion cc: PENSCO Inc. c/o Chris Radich 560 Mission Street, Suite 1300, San Francisco, California 94105 -2907 David McHenry, Wildlife Resources Commission Josh Ward, Town of Highlands USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy SASWP\Mac onk101sWon- D011Hehn AppleCottage.HighlandsWPPVL 03- 19- 2013.doc Amount Approved nits Plan Location or Reference 404 /CAMA Wetlands 10.08 acres Application Item C. 2. W1 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, for Charles Wakild, P.E., Director CW /khb Enc: GC3890 Certificate of Completion cc: PENSCO Inc. c/o Chris Radich 560 Mission Street, Suite 1300, San Francisco, California 94105 -2907 David McHenry, Wildlife Resources Commission Josh Ward, Town of Highlands USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy SASWP\Mac onk101sWon- D011Hehn AppleCottage.HighlandsWPPVL 03- 19- 2013.doc