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HomeMy WebLinkAbout20081699 Ver 1_Approval Letter_20081219o`'?? W a rF9Q? r Q lii;?601r4w -'C' December 19, 2008 Marshall Olson Alcoa Power Generating, Inc. Post Office Box 576 Badin, North Carolina 28009 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 Subject: 401 Water Quality Certification Approval with Additional Conditions Yellow Creek Bridge Installation DWQ Project # 08-1699 Graham County LNT04 / Yellow Creek / 2-190-29 / C, Tr Dear Mr. Olson: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 50 feet of stream for the purpose of constructing a bridge; including, removal of two existing culverts along with necessary streambank grading and, stabilization. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3689. This Certification allow you to use Nationwide Permits 13 when issued by the US Army Corps of Engineers (USACE). 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 corresponding USACE General Permit Verification. 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 Trout Buffer regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Additional impacts may require compensatory mitigation as described in 15A NCAC 2H.0506 (h). 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. o One NhCarolina Awumlly North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 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 Marshall Olson Page 2 of 2 December 19, 2008 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: I Amount Approved (Units) Plan Location or Reference Stream 50 (feet) Drawing 2 of 2 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. 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 your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, eor e. 1--C-40C6 Coleen H. Sullins, Director CHSIcbc Enc: GC 3689 Certificate of Completion cc: USACE Asheville Regulatory Field Office Wildlife Resources Commission - David McHenry 401 Permitting Unit - Central Office File Copy Filename: G:\WPDATA\DEMWQ\Graham\401s\08-1699_Approval_12-18-08.doe