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Home My WebLink About20140832 Ver 1_Approval Letter_20140909� AFJ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 5, 2014 DWR # 14 -0832 Macon County Sallie Killian Killian Family Farm, Inc. PO Box 435 Franklin, NC 28744 Charles. Anderson Resource Institute, Inc. 2714 Henning Drive Winston - Salem, NC 27106 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Cartoogechaye Creek Restoration Project Dear Ms. Killian and Mr. Anderson: In accordance with your application dated July 31, 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 PermitNumber 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 Permanent Stream 2740 (linear feet) Water Quality Regional Operations— Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296-45001 FAX: 828 - 299 -7043 Internet: http: / /podal.ncdenr.org /web /wglws An Equal Opportunity 1 Affirmative Action Employer Cartoogechaye Creek Restoration Project September 5, 2014 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/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. 2. Cartoogechaye Creek is a Class WS -III; Trout Waters. In order to protect downstream uses for WS -III; Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. 3. 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 the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination 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 8:00am 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 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 Cartoogechaye Creek Restoration Project September 5, 2014 Page 3 of 3 1601 Mail Service Center Raleigh, NC 27699 -1601 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.cranfordnncdenr.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 3885 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit ec: Andrew Bick - Confluence USACE Asheville Regulatory Field Office G:\WR\WQ\Macon\401s\Non-DOTkCartoogechaye\APRVL.09.03.14.doex