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Home My WebLink About20141122 Ver 1_Approval Letter_20150113�r q t ci N GA � ' North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary January 13, 2015 DWR # 14 -1122 Cherokee County Murphy Congregation of Jehovah Witnesses Attn: Matt Kruse 195 Hwy 64 E Brasstown, NC 28902 Hiwassee River Watershed Coalition, Inc. Attn: Cattle Moore 90 Tennessee Street, Ste. D Murphy, NC 28906 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Morgan Creek Stream Restoration Project Dear Mr. Kruse .& Ms. Moore:.. In accordance with your application dated October 10, 2014 and additional information received on December 23, 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. IMPACTSAFPROVED 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. - Water Quality Regional Operatons — Asheville Regional Cries 2090 US Hwy 70, Swannanca, NO 28778 Phone: 828 - 29646001 FAX: 828- 299 -7043 Iatemet: He flporla1.nc0enr.org1veblwglws. An EgUal Opportunity l ARinative Action Employer Murphy Congregation of Jehovah Witnesses/Hiwassee River Watershed Coalition, Ina. nWR9 14 -1122 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 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. The designer or his designee shall supervise the installation of in- stream structures. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. 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 to ensure the stability and water quality of the stream and downstream waters. 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 1505 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 httn' / /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 Ifsending via delivery service (UPS, FedEx; etc): Office of Administrative Hearings - 1711 New Hope Church Road Raleigh, NC 27609 -6285 Amount Approved Type of Impact Amount Approved Temporary Permanent Stream 1,277 linear feet (linear feet Wetlands 0.02 acres 0.05 (acres) 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 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. The designer or his designee shall supervise the installation of in- stream structures. 3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 4. 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 to ensure the stability and water quality of the stream and downstream waters. 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 1505 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 httn' / /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 Ifsending via delivery service (UPS, FedEx; etc): Office of Administrative Hearings - 1711 New Hope Church Road Raleigh, NC 27609 -6285 Murphy Congregation oflehovah Wituesses/Hiv ussee River Watershed Coalition, In, 15WRR 141122 _ Page 3 of 3 One (1) copy of the petition must also be served to DENR: John Evans, 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 Tim Fox at 828 - 296 -4664 or tim.fox ncdenr.aov 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 ec: Ian Eckhart — Wildlands Engineering, Inc. David Brown — USACE Asheville Regulatory Field Office Andrea Leslie - NCWRC DoG: \WR\WQ \Cherokee \401s \Non- DOTWorgan GmekAPRVL.40l MorganC.e k.01- 12- 2015.docc..entI