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HomeMy WebLinkAbout20081012 Ver 1_Approval Letter_20081209At OF W A rF19 Michael F. Easley, Governor ?? G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources .? Coleen H. Sullins, Director Division of Water Quality December 9, 2008 DWQ Project # 08-1012 Macon County Dan Springman Macon County Board Of Education Post Office Box 1029 Franklin, NC 28744 Subject Property: Highlands School Soccer Field UT to Harris Lake Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Springman: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.00 acres of wetlands and 179 feet of streams for the purpose of constructing a regulation soccer field at the subject property, as described within your application dated June 23, 2008. The NC Division of Water Quality (DWQ) received the information required to complete your application on November 5, 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) 39 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 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 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 179 (feet) Proposed Soccer Field drawin NorthCarolina Natarally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www..ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Dan Springman Page 2 of 3 December 9, 2008 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NCDENR Wetlands Trust Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into the fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the NCDENR Wetlands Trust Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Stream 179 (linear feet) Little Tennessee 04-04-01 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. 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 150B 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 telephone Ian McMillan or Cyndi Karoly in the Central Office in Raleigh at 919-733-1786 or Chuck Cranford in the DWQ Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. Sullins, Director CHSIcbc Enclosures: GC 3705 Certificate of Completion cc: Pam Boaze - Fish and Wildlife Associates, Inc. USACE Asheville Regulatory Field Office David McHenry - Wildlife Resources Commission 401 Permitting Unit, Central Office File Copy Central Files Filename: G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012_Approval.doc Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements December 9, 2008 Coleen H. Sullins, Director Division of Water Quality In accordance with 15A NCAC 2H.0500, Macon County Board Of Education, have permission as outlined below to fill or otherwise impact 179 feet of stream associated with construction of the Highlands School Soccer Field, which is located on Pierson Drive, in Highlands, Macon County, North Carolina. All activities associated with these authorized impacts must be conducted in accordance with the conditions listed in the attached Certification (GC3705). COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM NC EEP NAME: Highlands School Soccer Field DWQ PROJECT 08-1012 LOCATION: Highlands COUNTS Macon BASIN/ HUC LTN / 06010202 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 179 299 (As indicated in our submittal) One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, NC 27699-1652 (919) 715-0476 Asheville Regional Office 2090 HWY 70 Swannanoa NC 28778 (828)296-4500 G:\WPDATA\DEMWQ\Macon\401 s\Highlands School\08-1012-MitigationLtr.doc Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper