HomeMy WebLinkAbout20140807 Ver 1_Approval Letter_201409104
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 9, 2014
DWR # 14 -0807
Macon County
John C. Brown
1011 Jim Berry Road
Franklin, NC 28734
Charles Anderson -
Resource Institute, Inc.
2714 Henning Drive
Winston - Salem, NC 27106
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Lake Emory Stream Restoration,
Dear Messrs. Brown and Anderson:
In accordance with your application dated July 25, 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 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
1052 (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 : / /portal.ncdenr.org/web /wgtws
An Equal Opportunity 1 Affirmative Action Employer
Messrs Brown and Anderson
September 9, 2014
Page 2 of 3
ADDITIONAL CONDITIONS
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. This authorization exempts the Permittee from meeting Condition #7 (Work in the Dry) in the attached
general certification for the placement of in- stream structure material. The Permittee shall take all
reasonable measures to construct in- stream structures while keeping heavy equipment out of the stream
channel. Stream flow will be diverted around work areas as much as practicable. All reasonable steps
must be taken to limit the amount of disturbance in the channel and to therefore reduce downstream
turbidity during construction. This exemption does not relieve the Permittee of meeting stream
standards as indicated in 15A NCAC 0213.
3. No construction moratorium associated with the Trout classification is required, per the NC
Wildlife Resources Commission.
4. 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 8:00am 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
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
Messrs. Brown and Anderson
September 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 as described in 15A
NCAC .0500., Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranford.c , 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 3885
Certificate of Completion
cc: DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
ec: Grant Ginn — Wolf Creek Engineering
David Brown - USACE Asheville Regulatory Field Office
G: \WR \WQ\Macon \401s\Non- DOT \Lake Emory Stream Restoration\APRVL.9.9.14.docx