20140717 Ver 1_Approval Letter_20140807

Pat McCrory
Governor
August 7, 2014
Mr. Michael Dean Roten
5272 Highway 16, North Lot 1
Crumpler NC 28617
John E. Skvarla, III
Secretary
DWR # 14 -0717
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Roten Driveway Project
Dear Mr. Roten:
You have our approval for the impacts listed below for the purpose described in your
application dated July 3, 2014, received by the Division of Water Resources (Division) July 11,
2014, with subsequent information on July 29, 2014. These 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 29 once it is issued to
you by the U.S. Army Corps of Engineers. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed
regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts.
Impact Area
Temporary /Permanent
Impact Amount
Streams
Temporary
Permanent
20
30
Vkhoston -Salem Pegionai Office
Location 585',Waughtown St Winston- Salem, North Carolina 27107
Phone [phone] FAX 336 - 771 -4630 t Customer Service 1-877-623-8748
ntemet http „portal ncdenr orgtweb%wchvs
An Equal Opportunity 1 Affirmative Action Employer

Michael Dean Roten
D W R #14 -0717
401 APPROVAL
Page 2 of 3
2 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 (s) /Permit /Authorization and is responsible for complying with all
conditions.
3. The stream is a Class C, ORW, Trout Waters. In order to protect downstream uses for
Trout Waters a requirement of this Certification is that any work conducted within the
stream may not occur between the dates of October 15 through April 15.
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 8.00anm 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 If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 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

Ir
Michael Dean Roten
DWR #14 -0717
401 APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336- 771 -4964 or sue.homewood @ncdenr.gov if you have any
questions or concerns.
Sincerely,
d
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3890
cc: Tom Davis (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit