20131007 Ver 1_Approval Letter_20131018

NCN R
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
October 18, 2013
James L. Long, III and Elizabeth P. Long
4016 Boiling Springs Road
Murphy, North Carolina 28901
John E. Skvada, III
Secretary
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
DWR # 2013 -1007
Long — 4016 Boiling Springs Road Driveway Access
Cherokee County
Dear Mr. and Mrs. Long:
In accordance with your submitted application, approval has been granted for the impacts
listed in the table below. These impacts are covered by the attached Water Quality General
Certification Number 3885 and 3890 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 27 and 29 once it is issued to you by the
U.S. Army Corps of Engineers. Please note that you should obtain any other federal, state or
local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) and
general permit and the following additional conditions:
ADDITIONAL CONDITIONS
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts.
Type of Impact
Amount Approved (units)
Activity
Stream
149 (linear feet)
Culvert installation (ATF)
Stream
151 (linear feet)
Culvert removal
2090 US Hwy 70, Swannanoa, NC 28778
Phone. 828 - 296.45001 FAX. [phone]
Internet hfp : / /portal.nodenr.org/webANgANs
An Equal Opportunity 1 Affirmative Action Employer

James L Long, III and Elizabeth P. Long
October 18, 2013
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certifications) /Permit /Authorization and is responsible for complying with all
conditions.
3. The receiving stream, Hanging Dog Creek, has been identified as supporting wild
rainbow trout. In order to protect downstream uses for Trout Waters a
requirement of this Certification is that any additional work conducted within
the stream may not occur between the dates of January 1 through April 15.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
N

James L Long, III and Elizabeth P. long
October 18, 2013
' Page 3 of 3
This letter completes the review by the Division under section 401 of the Clean Water Act.
Please contact Kevin Barnett at 828 - 296 -4657 or [e-mail] if you have any
questions or concerns.
Sincerely,
<E:�3Z
G. Landon Davidson, P.G.
Regional Supervisor
Asheville Regional Office
Enclosures: GC 3885 and 3890
Certificate of Completion
cc: Chuck West, Wells and West.
Post Office Box 129, Murphy, NC 28906
USACE David Brown Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
DWR ARO 401 files
DWR 401 & Buffer Permitting Unit
G: \WQ\$W P\ Cherokee \401s \Non- DOT\Long.40166oiling5pri ngs\APRV L 10- 15- 2013.doa