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Home My WebLink About20140514 Ver 1_Approval Letter_20140716t � f 1 Pat McCrory Governor July 16, 2014 k 5v. North Carolina Department of Environment and Natural Resources Kristin Bail USDA Forest Service 160 Zillicoa Street, Suite A Asheville, NC 28801 Subject: Dear Ms. Bail: APPROVAL OF 401 WATER QUALITY CERTIFICATION Tributary to Hiwassee Restoration John E. Skvarla, III Secretary DWR # 14 -0514 Cherokee County In accordance with your application dated May 12, 2014 and additional information received on July 2 and 15, 2014, 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 APPROVER 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 Permanent Stream 1307 (linear 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 Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -45001 FAX: 828- 299 -7043 Internet http / /portal.ncdenr.org /webtwq/ws An Equal Opportunity 1 Affirmative Action Employer Kristin Bail _ July 16, 2014 Page 2 of 3 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. 2. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year, or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require - .repair or replacement; -such activities must be coordinated with the Asheville Regional Office. -. 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 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAR 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, FedEx, 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 Kris,Yin Bail July 16, 2014 Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranfordAncdenr.gov if you have any questions or concerns. Sincerely, e/a 7 -j- - '1 G. Landon Davidson, P. G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit ec: Brady Dodd USDA Forest Service USACE Asheville Regulatory Field Office G: \WR\ WQ \Cherokee \401 s\ Non - DOT \TribToHiwassee\APRVL.07.16.14. docx