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