20130496 Ver 1_Approval Letter_20130815

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder
Governor Director
August 15, 2013
Emily McBride Fletcher
1028 Compass Creek Road
Hayesville, North Carolina 28904
Subject: 401 Water Quality Certification - Approval
1038 Compass Creek Road Stream Ford
DWQ Project # 20130496 After the Fact
Clay County
HIWO1 / Compass Creek / 1 -21 -7 / Class C; Tr; HQW
Dear Ms. Fletcher:
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 75 linear feet of streams for the purpose of
property access and fish passage 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 and Trout
Moratorium 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 Hghway 70, Swannanoa, North Carolina 28778
Phone. 828 - 29645001 FAX: [phone]
Internet www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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Amount Approved nits
Plan Location or Reference
Stream
35 linear feet — concrete ford
Application Item C. 3.
Stream
40 (linear feet) — stream stabilization
and fish passage
Additional Information
Dated August 9, 2013
Location: 2090 U.S Hghway 70, Swannanoa, North Carolina 28778
Phone. 828 - 29645001 FAX: [phone]
Internet www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
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1028 Compass Creek Road
August 15, 2013
Page 2 of 2
Additional Conditions:
1. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 0213.0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
2. The stream is a Class C; Trout Waters. In order to protect downstream uses for Class C;
Trout Waters a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
3. Within 60 days of completion of construction, as -built drawings shall be submitted to both the
Division of Water Quality, Webscape Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650 and to
the Asheville Regional Office.
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 Thomas A. Reeder
TAR/khb
Enc: GC3890
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
G: \WQ\SWP \CIay4401s\Non- DOIR1028 Compass Creek Road - Ford\Appv1.08- 14- 2013.doc