The URL can be used to link to this page

Home My WebLink About20130595 Ver 1_Approval Letter_20131227r i Pat McCrory Governor December 27, 2013 WNW North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Thomas A. Reeder Director Tim Baumgartner NCDENR Ecosystem Enhancement Program 217 West Jones Street Suite 3000A Raleigh, North Carolina 27603 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Upper Silver Creek Stream and Wetland Restoration Project — Option C Dear Mr. Baumgartner: John E. Skvada, III Secretary DWR # 13 -0595 Burke County In accordance with your application dated November 5, 2013, approval has been granted for the impacts listed in the -table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Stream 5387 linear feet 404/401 Wetlands 3.34 acres Water Quality Regional Operations — Asheville Regional Oft 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828- 296.45001 FAX: 828- 299 -7043 Internet httpd /portal.ncdenr.orglwebAvgANs An Equal Opportunity 1 Affirmative Action Employer Tim Baumgartner December 27, 2013 Page 2 of 3 ADDITIONAL CONDITIONS 1. 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 Certification and is responsible for complying with all conditions. This approval and its conditi ons�are .fYna1 nlid binding unless contested. This Certification can be contested as provided in Articll 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office ofAdininistrative Hearings (hereby known as OAH) within sixty (60) calendar days. MY 'Y,.. -.. ...��.r .- 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, Fed&, 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 ' j Tim Baumgartner December27,2013 Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranfordkncdenr.gov if you have any questions or concerns. Sincerely, G. Land Z avidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 cc: Micky Clemmons (via email) USACE Asheville (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WQ\SWP\Burke\401 sW on- DOT NUppersilverCreek .MitigationWPRVL.1227.13.docx