20161024 Ver 1_Approval Letter_20170531

Water Resources
Environmental Quality
May 31, 2017
Thomas H. Littleton
Spruce Pine Batch Plant
Post Office Box 159
Spruce Pine, North Carolina 28777
.ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Dir-ector
DWR # 16-1024
Mitchell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Spruce Pine Batch Company Maintenance
Dear Mr. Littleton:
You have our approval for the impacts listed below for the purpose described in your
application dated May 12, 2017, and received by the Division of Water Resources (Division) on
May 15, 2017. These impacts are covered by the attached Water Quality General Certification
Numbers 4085 and 4092 and the additional conditions listed below. This certification is
associated with the use of Nationwide Permit Numbers 3 and 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, 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)]
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State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

DWR# 16-1024
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1— culvert 1
300 linear feet
Impact S2 — restoration
185 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 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The Asheville Regional Office shall be notified prior to the construction of the approved
restoration areas. [15A NCAC 02H .0502(e)]
4. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
5. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing. [15A NCAC 02H .0506(b)(2)]
6. A longitudinal as -built survey will be performed within 30 days of completion of
construction. Visual monitoring of the restoration 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. When it has
been determined that stability has been achieved, a final longitudinal survey shall be
performed. Both surveys, all visual and photographic monitoring, and the final survey will
be compiled into a report and submitted to the Asheville Regional Office for review. [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]

DWR# 16-1024
401 Approval
Page 3 of 4
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 (60) 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 [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 faxed 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
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:
William F. Lane, General Counsel
Department of Environmental Quality.
1601 Mail Service Center
Raleigh, NC 27699-1601

DWR# 16-1024
401 Approval
Page 4 of 4
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 Kevin Barnett at 828-296-4500 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 4085 and 4092
Certificate of Completion
cc: Dereck Goddard, BREC (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Mitchell\401s\Non-DOT\Spruce Pine Batch Plant\APRVL.SprucePineBatchPIant.05.31.2017.docx