20160901 Ver 1_Approval Letter_20160926

KC
Water Resources
ENVIRONMENTAL QUALITY
Bill Barber
P.O. Box 2225
Highlands, NC 28741
Subject:
Dear Mr. Barber:
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September 26, 2016
PAT MCCRORY
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DONALD R. VAN DER VAART
Secretory
S. JAY ZIMMERMAN
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D W R # 16-0901
Jackson County
APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
129 Mitten Lane
You have our approval for the impacts listed below for the purpose described in your
application submitted on August 22, 2016, received by the Division of Water Resources on
September 15, 2016. 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 Nation Wide 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, and Water Supply Watershed 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(6) and/or (c)]
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129 Mitten Ln
DWRN 16-0901
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
W1
0.9 Acres
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)]
Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be
contained outside the wetland boundary. Excessive silt and sediment loads can have
numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H
.0506 (b)(3) and (c)(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 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 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 taxed to the OAH at [phone], 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
129 Mitten Ln
DWRN 16-0901
401APPROVAL
Page 3 of 4
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:
Sam M. Hayes, 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.
Please contact Tim Fox at 828-296-4664 or [e-mail] if you have any questions or
concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certification of Completion

129 Mitten Ln
DWRtt 16-0901
401APPROVAL
Page 4 of 4
cc: David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie — NCW RC
Stan Aiken — DEMUR
Steve Beasley—Jackson County
cc: DWR ARO 401 file
DWR 401 & Buffer Permitting Unit file
G:\WR\WQ\Vackson\Complaints\Mitten Rd\APRVL401-129-Mitten-LN-9-26-16.docx