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HomeMy WebLinkAbout20150208 Ver 1_Approval Letter_20150413ALIV-WA / NCDENR V North Carolina Department of Environment and Natural Resources Pat McCrory Governor April.13, 2015 Watia Creek Farms, LLC Attn: David A. Nolletti Two Town Square, Suite 310 Asheville, NC 28803 Donald R. van der Vaart Secretary DWR # 15 -0208 Swain County 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 certification (s) 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.ncwaterquality.org An Equal Opportunity \ Affirmative Acton Employer - Made in part by recycled paper Watia Creek Farms, LLC DWR# 15 -0208 401 APPROVAL 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) S8A 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 Certification (s) /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: 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: 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. Sincerely, 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