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Home My WebLink About20081009 Ver 1_Approval Letter_20081003o?0F W AT FRQG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality October 3, 2008 DWQ Project # 08-1009 McDowell County Leroy B. Pope LAD, NC LLC 3878 US Highway 226A Marion, NC 28752 Subject Property: Bella Machree Suvbdivision UT to Sycamore Brance [030830, 11-24-15-10-2, HQW] Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Pope: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 1470 linear feet of streams for the purpose of propery access at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on August 6, 2008. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification (s) allows you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and state stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands Ne o Carolina Ntira!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper LAD, NC LLC Page 2 of 3 October 3, 2008 The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream 60 linear feet 1 Stream 40 (linear feet 2 Stream 40 (linear feet) 3 2. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing. 3. Written State Stormwater Permit Approval Needed A final, written state stormwater permit is required prior to impacts under this authorization. No construction is waters or on lands draining to waters classified as HQW shall commence prior to receipt of the State Stormwater Permit. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. 4. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. No Impacts Beyond those in Application No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. LAD, NC LLC Page 3 of 3 October 3, 2008 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500. Sincerely, Coleen H. Sullins, Director CHSlkhb Enclosures: GC 3705 Certificate of Completion cc: Thomas Freeman, CPESC Freeman Environmental Consulting 411 Lower Hanging Rock Road Spruce Pine, NC 28777 USACE Asheville Regulatory Field Office DWQ Asheville Regional Office David McHenry, NC Wildlife Resources Commission 401 Permitting Unit, Central Office File Copy Central Files Filename: