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Home My WebLink About20100780 Ver 2_Approval Letter_20141017A �� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor October 17.2014 U.S. Forest Service Attn: Jason Farmer 160 Zillicoa Street, Suite A Asheville, NC 28801 Brookfield Smoky Mountain Hydropower, LLC Attn: Myra Hair 200 Donald Lynch Blvd., Suite 300 Marlbourough, MA 01752 Subject: APPROVAL OF 401 WATER QUALITY Chec ah River Gravel Restoration Dear: Mr. Farmer and Ms. Hair: John E. Swarla, III Secretary DWR# 10- 0780 -V2 Graham County In accordance with your application dated September 12, 2014 received on September 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 certilication(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 125 linear feet) (linear feet) Water Quality Regional Operations— Asheville Regional Office 209008 Hwy 70, Swannanoa, NO 28778 Phone: 828 - 296400% FAX 828- 299 -7043 Internet h1p:I1ponalrpdem- org1web1wglws An Equal Opportunity 1ARrmative Action Employer US Pumst service & nrcokfield Smoky Mountain Hydro, LLC October 17, 2014 Pw 2 of3 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. 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 htto: / /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: 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 US Forest Service & Brookfield Smoky Mountain Hydro, LLC Ocmber 17,2014 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 timfox@ncdenr.¢ov 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: DWRARO401 files ec: Chris Goudreau -NCWRC David Brown - USACE Asheville Regulatory Field Office Andrea Leslie - NCWRC DOCUG:\WR \WQ \Graham \401sWOn - DOT \Cheoah River Grave[ 2014WRVL.40ICheoahCa.v IRestoration1 0 -17 -14 docmentl