20072227 Ver 2_Approval Letter_20130903

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
9/3/2013
Rutherford County
Attn: Carl Classen
289 North Main Street
Rutherfordton, NC 28139
Water Quality Programs
Thomas A. Reeder
Director
Subject: 401 Water Quality Certification - Approval
Project Name: Queens Gap Phase 1
DWQ Project # 2007 - 2227 -V2
Rutherford County
Broad River Basin / Stone Creek / 9 -23 -11 / C; Tr
Dear Mr. Classen:
John E. Skvada, III
Secretary
The Division of Water Resources 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 269 feet of streams the purpose of residential
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, Buffer and Flood
Plain 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: [phone] FAX: [phone]
Internet www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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Rutherford County
September 3, 2013
Page 2 of 2
Additional Conditions:
1. Provide appropriate plan and profile information for impact #4 if needed.
2. Implement Sediment Removal Plan as outlined in application.
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 Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fog in the Asheville Regional Office at
(828) 296 -4664.
S?Thoas
foeder
TAR/t rf
Enc: GC3890
Certificate of Completion
cc: Amanda Fuemmeler - USACE Asheville Regulatory Field Office
Clement Riddle — C1earWater Environmental Consultants, Inc.
Laura Herbert P.E. — NC DEMLR
David McHenry — North Carolina Wildlife Resources Commission
WBSCP Unit — Central Office
File Copy
G: \WQ \SWP \Rutherford \401s\Non- DOTNQueens Gap 2007 - 2227- V2\APRVL.401 Queens Gap V2.9 -3 -13 (1).doc
Amount Approved nits
Plan Location or Reference
Stream
269 total (feet)
Plan sheet 3a.
S 184 feet
S2 60 feet
S3 100 feet
S4 25 feet
Additional Conditions:
1. Provide appropriate plan and profile information for impact #4 if needed.
2. Implement Sediment Removal Plan as outlined in application.
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 Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fog in the Asheville Regional Office at
(828) 296 -4664.
S?Thoas
foeder
TAR/t rf
Enc: GC3890
Certificate of Completion
cc: Amanda Fuemmeler - USACE Asheville Regulatory Field Office
Clement Riddle — C1earWater Environmental Consultants, Inc.
Laura Herbert P.E. — NC DEMLR
David McHenry — North Carolina Wildlife Resources Commission
WBSCP Unit — Central Office
File Copy
G: \WQ \SWP \Rutherford \401s\Non- DOTNQueens Gap 2007 - 2227- V2\APRVL.401 Queens Gap V2.9 -3 -13 (1).doc