20081499 Ver 3_Approval Letter_20090521

? North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Dee Freeman
Director Secretary
May 21, 2009
Richard Rabenau
Red Wolf Run, LLC
58 Wall Street
Asheville, North Carolina 28801
Subject: 401 Water Quality Certification - Approval
Red Wolf Run
DWQ Project # 2008-1499 Ver. 3
Madison County
French Broad / Ray Branch / 6-96-10-3-1/ WS 11, I-IQW
Dear Mr. Rabenau:
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 place fill within or otherwise impact 0.013 acres of wetlands and 279 feet of streams and for
the purpose of residential development construction 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 3705. This Certification allows you to use
Regional General Permit 29 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 Sedimei., Control and Water Supply Watershed 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 279 (feet) Application Item C. 3.
404/CAMA Wetlands- 0.013 (acres) Application Item C. 2.
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 Opporlunity 1; AfPirmalive Action Employer
NorthCarolina
Naturlil&
Richard Rabenau
May 21, 2009
Page 2 of 2
1. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive
velocities through the stream buffers such that it will not re-concentrate before discharging into a stream. If this is
not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This
may require additional approval from this Office.
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Pre-Construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
3. The water release structure for the pond intake will need to be modified to allow for continuous stream flow.
Also, low flow releases (7Q10 flow) to the downstream channel must be maintained during low flow conditions.
You must submit as-built drawings and photographs within 30 calendar days of issuance of this authorization
showing that this modification has been completed.
4. All culverts shall be modified such that in-culvert stream bed substrate shall accumulate. These modifications
shall be installed within 30 calendar days of issuance of this authorization and both as-built drawings and
photographs fro each culvert shall be submitted to this office at the time of completion. Additionally, these
installations shall be monitored once, annually, until such a time that the culvert is retaining bed load for each
culverts entire length. A monitoring report shall be submitted within 30 calendar days of each inspection
occurrence.
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 Kevin Barnett in the Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS1khb
Eric: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
G:\W PDATA\DEM WQ\Madison\401 s\08-1499.ver3.Issued .doc