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Home My WebLink About20130909 Ver 1_Approval Letter_20131021w� NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs Governor Thomas A. Reeder Director October 15, 2013 Dr. Suresh Raja Mountain Heritage Land Holdings, LLC 11104 Green Bayberry Drive Palm Beach, Florida 33418 Nicholas J. Berndt 393 Haywood Street Dillsboro, North Carolina 28725 Subject: 401 Water Quality Certification - Approval Mountain Heritage Preserve DWQ Project # 2013 -0909 Jackson County LTN02 / Long Branch / 2 -79 -41 / Class C Dear Mr. Raja and Mr. Berndt: John E. Skvalia, 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. After the fact approval has been granted to place fill within or otherwise impact 137 linear feet of streams and restore approximately 187 linear feet of streams (via removal of culverts and dams) for the purpose of property access 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 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: 828 -299 -7043 Intemet www.ncwaterquality.org An Equal Opportunity 1 Afirmahve Achon Employer Mountain Heritage Preserve October 15, 2013 Page 2 of 2 ADDITIONAL CONDITIONS 1. Prior to January 15, 2014, a culvert removal plan, with channel restoration details, and a timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 2. Prior to April 15, 2014, a sediment removal plan, along with timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 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: GC3890 Certificate of Completion cc: Zan Price, Altamont Environmental, Inc. David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy G-\ WQ\ SWPUackson\401sWon- DOT\Mountain Heritage Preserve\APRVL.09- 25- 2013.doc Amount Approved nits Plan Location or Reference Stream 137 feet Application Item C. 3. Stream —187 feet Culvert and Dam Removal Stream Accumulated Sediments Onsite Sediment Removal ADDITIONAL CONDITIONS 1. Prior to January 15, 2014, a culvert removal plan, with channel restoration details, and a timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 2. Prior to April 15, 2014, a sediment removal plan, along with timeline for completion, shall be submitted to the Asheville Regional Office of the Division of Water Resources for approval. 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: GC3890 Certificate of Completion cc: Zan Price, Altamont Environmental, Inc. David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy G-\ WQ\ SWPUackson\401sWon- DOT\Mountain Heritage Preserve\APRVL.09- 25- 2013.doc