20081012 Ver 1_Approval Letter_20081212

\Q? W ATF9 p Michael F. Easley, Governor
(? ?i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
t_ Division of Water Quality
December 12, 2008
DWQ Project # 08-1012 Modification
Macon County
Dan Springman
Macon County Board Of Education
Post -Office--B ox 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:
Based upon a request for clarification from your consultant on December 11, 2008, 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 t
179 (feet) roposed Soccer Field
rawin
Noce hCarolina
Aturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,.ncwaterquality.org FAX [phone]
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Dan Springman
Page 2 of 3
December 12, 2008
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 haveany 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
Re uire- d Mitigation Offered River and Sub-basin
Number
Stream 120 (linear feet perennial at 1:1) 120 (linear feet) Little Tennessee 04-04-01
Stream 179 (linear feet intermittent 0.5:1) 89.5 (linear feet) Little Tennessee 04-04-01
Total 209.5 (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,
CHS/cbc
/110Z Coleen H. Sullins, Director
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.MOD.doc
w A r?9p?
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen 1-1. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
December 9, 2008
In accordance with 15A NCAC 2H.0500, Macon County Board Of Education, have permission as outlined below
to fill _or_otherwise impact179 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 Modification
LOCATION: Highlands
COUNTY 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
120 (previous perennial impacts) 120 (As indicated in your submittal)
179 (new intermittent impacts) 89.5 (As indicated in our submittal)
Total: 209.5 (As indicated in your 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
[phone]
Asheville Regional Office 2090 HWY 70 Swannanoa NC 28778 [phone]
G:\WPDATA\DEMWQ\Macon\401s\Highlands School\08-1012_MitigationLtrMOD.doc
Internet: http://www.ncwaterquality.org -
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