20130400 Ver 1_Approval Letter_20130611

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder
Governor Acting Director
June 11, 2013
Timothy Dean Sweeny
130 of Chatham, LLC
3409 Birk Bluff Court
Cary, North Carolina 27518
John E. Skvada, III
Secretary
Subject: 401 Water Quality Certification - Approval
Box Creek Wilderness — Culvert Removal
DWQ Project # 2013 -0400
McDowell County
BRD02 / Box Creek and Second Broad River / 9- 41- (12.7) and 9-41 -10 / Class WS -V
Dear Mr. Sweeny:
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 449 linear feet of streams for the purpose of
stream enhancement at the subject property. This certification does not authorize the approval of credit ratios
and/or releases associated with the Box Creek Wilderness Mitigation Bank nor indicate IRT approval of this
bank. 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 / 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: [phone]
Internet: www nrwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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Amount Approved nits
Plan Location or Reference
Stream
1449 feet
Application Item C. 3.
Location: 2090 U.S Highway 70, Swannanoa, North Carolina 28778
Phone. 828 - 296.45001 FAX: [phone]
Internet: www nrwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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130 of Chatham, LLC
June 11, 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.
Additional Conditions:
1. Monitoring benchmarks must be established. Cross sectional and longitudinal measurements shall be
conducted at end of construction, at the first year anniversary after completion of the work, then annually
for 4 more years (along with photo documentation) at a minumum. Reports shall be submitted (after the end
of each monitoring year) within 30 days of completion of each monitoring event. Both the ACOE and
DWQ shall be notified if repairs are necessary and the applicant / property owner will receive approval prior
to implementation. Vegetation assessments shall also be made and reported during this time.
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 Thomas A. Reeder
TAR/khb
Enc: GC3885
Certificate of Completion
cc: Ian Eckardt, Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104, Charlotte, NC 28203
David McHenry, NC Wildlife Resources Commission
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
S•ISWP\McDowe114401sWon- DOIRBox Creek Mitigation Bank\AppA.06- 11- 2011doc