HomeMy WebLinkAbout20150208 Ver 1_Approval Letter_20150413 (2)Pat McCrory
Governor
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. NCDENR`
North Carolina Department of Environment and Natural Resources
April 13, 2015
Donald R. van der Vaart
Secretary
DWR # 15 -0208
Swain County
Watia Creek Farms, LLC
Attn: David A. Nolletti
Two Town Square, Suite 310
Asheville, NC 28803
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Camp Watia
Dear Mr. Nolletti:"
You have our approval for the impacts listed below for the purpose described in your
application dated February 17, 2015, received by the Division of Water Resources .(Division) on
February 20, 2015, with subsequent information received via email on March 25, 2015 and April
13, 2015. These impacts are covered by the attached Water Quality General Certification
Number 3890 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 39.once it is issued. to you by the U.S. Army Corps of Engineers.
Please note that you should get any other federal, state or local permits before proceeding with
your project, including those required by (but not limited to) Sediment and Erosion Control,
Non Discharge, Water Supply Watershed, regulations, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)]
Division of Water Resources - Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -45001 FAX: 828 - 299 -7043
Internet: www.newaterquality.org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Watia Creek Farms, LLC
DWR# 15 -0208
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
65 (linear feet)
S3
20 (linear feet)
S4
32 (linear feet)
S5 .
26 (linear feet)
S6
1 (linear feet)
S7
20 (linear feet)
SSA
20 (linear feet)
S813
50 (linear feet)
S9
20 (linear feet)
S10
0 (linear feet) After the
Fact Culvert
Replacement
Total
144 (linear feet)
110 (linear feet)
Wetlands
W1
0.004 acres
W2
0.02 acres
Total
0.024 acres
2. 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.
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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Upon completion of each culvert site, please send upstream and downstream
photographs to document correct installation to the North Carolina Division of Water
Quality Asheville Regional Office, 2090 US Hwy 70 Swannanoa, NC 28778. [15A NCAC
02H .0506 (b)(2)] In addition, include photographs of the culvert removal and
stabilization area at stream impact site #S10 to be removed by September 1, 2015 (After
the Fact Culvert).
4. The permittee will provide on -site supervision of stability work including, but not limited
to bank re- sloping, culvert installation, in- stream structure placement, and riparian zone
re- establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(2)]
Watia Creek Farms, LLC
DWR# 15 -0208
401 APPROVAL
Page 3 of 4
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty 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, Fed Ex, 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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Watia Creek Farms, LLC
DWR# 15 -0208
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Tim Fox at 828- 296 -4664 or tim.fox @ncdenr.gov if you have any questions or
concerns.
I
Sincerely,
A
Landon Davidson
Regional Supervisor
DWR Asheville Regional Office
Enclosures: GC 3890
ec: Clement Riddle= ClearWater Environmental Consultants, Inc.
David Brown - USACE Asheville Regulatory Field Office\
Andrea Leslie — NCWRC
Laura Herbert - DEMLR
cc: DWR ARO 401 file
DWR 401 & Buffer Permitting Unit file
G: \WR \WQ \Swain \401s \Non- DOT \Camp Watia\ APRVL .40lCampWatia4- 13- 2015.docx