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HomeMy WebLinkAbout20131174 Ver 1_Approval Letter_20131115CCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs Governor Thomas A. Reeder Director November 15, 2013 William C. Woodward and Sue Ellen Foreman, JTWRS 727 Little Ranger Road Murphy, North Carolina 28906 William A, III. and Sammie E. Garnet 707 Little Ranger Road Murphy, North Carolina 28906 Salvatore B. and Donna E. Munizzi 675 Little Ranger Road Murphy, North Carolina 28906 Clayton C. and Margaret E. Grady 375 Little Ranger Road Murphy, North Carolina 28906 Subject: 401 Water Quality Certification - Approval Ranger Road Bank Stabilization Project DWQ Project # 2013 -1174 Cherokee County HIW02 / Nottely River / 1 -58 / Class C John E. Skvada, III Secretary Dear Mr. Woodward, Ms. Forman, Mr. and Mrs. Garnet, Mr. and Mrs. Munizzi, and Mr. and Mrs. Grady: 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 645 linear feet of streams for the purpose of streambank stabilization 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 3885. This Certification allows you to use Nationwide Permit 13 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. Location: 2090 U.S. Hghway 70, Swannanoa, North Carolina 28778 Phone: 828 - 29615001 FAX. 828 - 299 -7043 Internet www nowaterquality.org An Equal Opportunity \ Affirmative Action Employer Ranger Road Bank Stabilization November 15, 2013 Page 2 of 3 ' 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: Additional Conditions Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 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. Amount Approved (Units) 1 Plan Location or Reference Stream 645 (feet) I Application Item C. 3. Additional Conditions Riprap Installation All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at the water / land interface (at full pool). Riprap shall be placed as a linear protective measure upon the regraded slopes. Stone used in stabilization shall be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up to 6 feet in diameter to provide additional wildlife habitat. The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet from the top of bank shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This authorization shall in no way be construed as allowing the installation of a bulkhead or seawall. 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. Ranger Road Bank Stabilization November 15, 2013 ,Page 3 oi.3 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 Eric: GC3885 Certificate of Completion cc: Lynne and Dale Nolan, Rocks to Roses Landscaping, Inc. 101 Woodcastle Lane, Hayesville, North Carolina 28904 David Brown, USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission WBSCP Unit — Central Office File Copy G: \WQ\S WP \Cherokee\401 s\ Non- D0I1RangerRoadStabdization \Aprvl.11- 15- 2013.doc