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Home My WebLink About20131069 Ver 1_Approval Letter_20131115AjFA I�CDEE R 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 Reverend Steve McElroy, Senior Pastor Highlands United Methodist Church 350 Spring Street Highlands, North Carolina 28741 Subject: 401 Water Quality Certification - Approval Highlands United Methodist Church Stream Restoration DWQ Project # 2013 -1069 Macon County LTNO1 / Monger Creek / 2- 21 -4 -(1) / Class WS -III Dear Rev. McElroy John E. Skvada, 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. Approval has been granted to place fill within or otherwise impact 365 linear feet of streams for the purpose of stream restoration 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 27 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 and Water Supply Watershed 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. L.ocabon: 2090 U.S Hghway 70, Swannanoa, North Carolina 28778 Phone. 828 - 29645001 FAX: 828 - 299 -7043 Internet: www.ncmaterqualky.org An Equal Opportunity 1 Affirmative Action Employer Highlands United Methodist Church November 15, 2013 Page 2 of 3 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 1. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. The designer or his designee must supervise the installation of in- stream structures. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 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 nits Plan Location or Reference Stream 365 feet Application Item C. 3. Additional Conditions 1. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. The designer or his designee must supervise the installation of in- stream structures. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 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. ► Highlands United Methodist Church November 15, 2013 Page 3 of 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) 2964657. Sincerely, for Thomas A. Reeder TAR/khb Enc: GC3885 Certificate of Completion cc: David Straub, RLA, David D. Smith and Company, PLLC 1949 Bob's Creek Road Zirconia, North Carolina 28790 David Brown, USACE Asheville Regulatory Field Office David McHenry, NC Wildlife Resources Commission WBSCP Unit — Central Office File Copy G:\WQ\SWP\Macon\401S\Non-DOTMiighlandsUMC\Aprvl. l l - 15- 2013.doc