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Home My WebLink About20131232 Ver 1_Approval Letter_20140109FWA 4 17 � EMA NCDETIR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director rFJAN Secretary January 9, 2014 1 6 2014 DWR# 13 -1232 a Macon County Dan Rogers 141 Chickadee Trail Franklin, North Carolina 28734 Subject: After the Fact APPROVAL OF 401 WATER QUALITY CERTIFICATION Rogers Dam Rehabilitation Dear Mr. Rogers: In accordance with in your application dated November 14, 2013 and additional information received on December 12, 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 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 18 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. EWPACTS 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 Amount Approved (units) (units) Temporary Permanent Stream 150 linear feet ear feet 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/Authorization. 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(s)/Permit /Authorization and is responsible for complying with all conditions. Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 29645001 FAX: 828 - 299 -7043 Internet htlpl /portal.ncdenr.orgtwebhvgtws An Equal Opportunity 1 Affirmative Action Employer Dan Rogers January 9, 2014 Page 2 of 3 2. An NCWRC stocking permit is necessary for pond restocking. As of July 1, 2005, anyone interested in stocking inland fishing waters with fish, mollusks or crustaceans must obtain a stocking permit issued by the NC Wildlife Resources Commission pursuant to 15A NCAC l OC .0209. The purpose of this new regulation is to protect native or legally established aquatic species from the potentially damaging effects of unauthorized stockings (Appendix 2. —15A NCAC l OC .0209 Transportation of Live Fish as amended effective June 1, 2005). 3. The water release structure for this dan} �pst be designed for mid - column release during normal flows and during low flow conditions. It must also provide for low flow release to the downstream channel, including during filling of the pond. At no point should the downstfeam segments be dewatered by this activity. Also to help minimize temperature elevation in water's downstream, trees should be maintained along the pond perimeters, but not on the dams. Native trees (e.g., river birch, syEamore, red maple) should be planted along the pond if trees are removed or if additional shading of the pond.suiace is needed. 4. Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. 5. All downstream stabilization / remediation, as proposed in the submitted plans, shall be completed by July 1, 2014. 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 150B 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 bo:/ /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:OOam and 5:OOpm, 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 Dan Rogers January 9, 2014 Page 3 of 3 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Kevin Barnett at 828 - 296 -4657 or kevin.barnettna,ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 cc: John Garner, P.E., Bunnell - Lammons Engineering, Inc. 130 Oval road, Suite 200, Arden, NC 28704 David Brown, USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission DWR Asheville 401 files DWR 401 and Buffer Permitting Unit G:\WQ\SWP\Macon\401s\Non-DoManRogers\Aprvi.01-09-2014.docx