20090289 Ver 1_Approval Letter_20090428

N DENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 28, 2009
Natural Resources
Dee Freeman
Secretary
Charles Finkel
P O-Box-8-9-7---- - --- ---
Rosman, NC 28772
Subject: 401 Water Quality Certification - Approval
Middle Fork French Broad River Enhancement
DWQ Project # 09-0289
Transylvania County
FrB Basin/B-Tr
Dear Mr. Finkel:
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 enhance 350 feet of stream for the purpose of stabilization using natural channel
design techniques at the subject property. 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 3689. This Certification allows
you to use Nationwide Permit 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 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 and Stormwater
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.
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
-Stream 350 (feet) Finkel Property
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 Affirmative Action Employer
NorthCarolina
Natut,ally
Charles Finkel
April 28, 2009
Page 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.
_----Thisletter- ompletes_.the_review of yolLnpplication by the Division of Water. Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda W iggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
/ti-Ii Coleen H. Sullins, Director
CHS/lsw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
Confluence Engineering
Attn: Andrew Bick
107 Merrimon Ave, Suite 325
Asheville NC 28801
G:\W PDA'FA\DEM W Q\Transylvania\401 s\09-0289MiddleFrk-Approval.doc