HomeMy WebLinkAbout20081009 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
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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
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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: