20160653 Ver 1_Approval Letter_20160802

NC
WaterResaarces
ENVIRONMENTAL QUALITY
USDA Forest Service
Mr. Huston A. Nicholas
160 Micoa St., Suite A
Asheville, NC 28801
PAT MCCRORY
I't co-o.
L. -OA
DONALD R. VAN DER VAART
August 2, 2016
S. JAY ZIMMERMAN
D1,V ...
DWR# 16-0653
Graham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Santeetlah Creek Barrier Removal Project
Dear Mr. Nicholas:
You have our approval for the impacts listed below for the purpose described in your application
dated June 27, 2016, and received by the Division of Water Resources (Division) on June 30,
2016. These impacts are covered by the attached Water Quality General Certification Number
3885 and the additional 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 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, 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. [I 5A NCAC 02H .0506(b) and/or (c)]
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Santeetlah Creek Barrier Removal Project
DWR# 16-0653
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
(units)
permanent
Amount Approved
(units)
Temporary
Stream Impact
Impact Sl
50 linear feet
Impact S2
60 linear feet
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/Authorization. If you change your project, you most 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. 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 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 [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable GAD filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable CAD 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
Sarteetlah Creek Barrier Removal Project
DW RN 16-0653
4D1 Approval
Page 3 of 3
Ifsending 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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Tim Fox at 828-296-4664 or
[e-mail] 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: Brady Dodd — USDA Forest Service, Hydrologist (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NC WRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
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