20090007 Ver 1_Approval Letter_20090213

Beverly Eaves Perdue
Governor
ELT4i;_"
AVA
NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
SURFACE WATER PROTECTION
February 13, 2009
Sandra Reid
Polk County Soil and Water Conservation District
PO Box 236, #4 Annex Building
Columbus, NC 28722
Subject: 401 Water Quality Certification - Approval
North Pacolet River Restoration-Reach 3
DWQ Project # 09-0007
Polk County
North Pacolet River Index# 9-55-1-(10)
Dear Ms. Reid:
Dee Freeman
Secretary
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 restore 10,309 feet (9.1 acres) of stream for the purpose of streambank
stabilization along the North Pacolet River-Reach 3. 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 Number 3.689. This Certification allows
you to use Nationwide Permits 13 and 27 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 proceed with your project including (but not limited to) Erosion and
Sediment Control regulations.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal OPPortunity l Affirmative Action Employer
Qne
NorthC:arolina
Naturally
North Pacelot River Restoration
February 13, 2009
Page 2 of 2
This approval is for the purpose and design that you described in your application. However, during the site
visit by Division of Water Quality and the Army Corp of Engineers it was determined that there would be no
wetland impacts. Therefore, there are no wetland impacts approved in this Certification. If you change your
project, you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Waters 10,309 (ft)/9.1 (acres) Figure 3-Reach 3
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 Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,, _
+t Coleen H. Sullins, Director
CHS/Isw
Eric: GC 3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission - David McHenry
401 Permitting Unit - Central Office
File Copy
Altamont Environmental, Inc
Joel Lenk
50 College St.
Asheville, NC 28801
G:\W PDATA\DEM WQ\POLK\401 s\09-0007NrthPacoletRestore-Rch3.doc