20140581 Ver 1_Approval Letter_20140922

EN �
O
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 21, 2014
Ephlee Peterson
6011 NC 197
Green Mountain, NC 28714
Blue Ridge Resource Conservation and Development Council, Inc.
Attn: Jonathan Hartsell, Executive Director
26 Crimson Laurel Circle, Suite 2
Bakersville, NC 28705
Subject: APPROVAL OF 401 WATER QUALITY
Brummet Creek Aquatic Barrier Removal
Dear Mr. Peterson and Hartsell:
John E. Skvarla, III
Secretary
DWR # 14 -0581
Mitchell County
In accordance with your application dated May 29, 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.
IMPACTSAPPROVED
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
Amount Approved
Temporary
Permanent
Stream
32 (linear feet)
(linear feet)
Water Quality Regional OperaBons— Asheville Regional once
2090 US Hwy 70, Swannanaa, NC 28778
Phone: 828- 296A6001 FAX: 82B- 299 -7043
Internet. htlpalpontal,nodenr.org /web /wglws
An Equal Opportunity I Atfrmative Action Employer

redden Petemn/Blue Ridge Resource and Conservation and N,lopmeut Council, Me.
July 21, 2014
Page 2 of 3
ADDITIONAL CONDITIONS
I. 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) /Pennit/Authorization and is responsible for complying with all
conditions.
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.coln/ 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 CAN 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:
Ifsending 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

Ephlee Peterson/Blue Ridge Resource and Conservation and Development Council, Inc.
July 21, 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 Tim Fox at 828 - 296 -4664 or [e-mail] if you have any questions or
concerns.
Sincerely,,
G. Landon Davidson,�G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Nancy Scott — The Cantena Group, Inc. (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DG : \WMWQWitchell \401sWon- DOMmmmet CreekWRVL. 401BmmmetCook J- 21- 14.dococumentl