20080879 Ver 2_Approval Letter_20130830

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs
Governor Thomas A. Reeder
Director
August 30, 2013
Micky Clemmons
Michael Baker Engineering, Inc.
797 Haywood Road
Asheville, North Carolina 28704
Subject: 401 Water Quality Certification — Modified Approval
Logan Creek Stream Restoration Project
DWQ Project # 20080879 Ver. 2
Jackson County
SAV02 / Logan Creek / 4 -13 -3 / Class C; Tr
Dear Mr. Jennings:
John E. Skvarla, 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 4,965 linear feet of streams for the purpose of stream
restoration at the subject property. Approval of the restoration plan and issuance of the 401 Water Quality Certification
means that DWQ has determined that the proposed activity will not remove or degrade significant existing uses of the
surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. 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 and Trout Buffer 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:
Additional Conditions
Location: 2090 U.S Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 29645001 FAX: [phone]
Internet: www ncwaterquality org
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Amount Approved nits
Plan Location or Reference
Stream
14,965 linear feet
Application Item C. 3.
Additional Conditions
Location: 2090 U.S Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 29645001 FAX: [phone]
Internet: www ncwaterquality org
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Cow Rock Mountain, Inc
August 30, 2013
Page 2 of 2
1. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A
NCAC 02B .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 Resources 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: Jeff Jurek, NC Ecosystem Enhancement Program
Richard G. Jennings, III, President, Cow Rock Mountain, Inc.
Post Office Box 1459, Cashiers, North Carolina 28717
David McHenry, NC Wildlife Resources Commission
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
G• \WQ\S WPUackson\401 sW on- D0TMxganCreekRestoration \Aprvi.08- 23- 2013.doc