20090504 Ver 1_Approval Letter_20090623

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Colleen H. Sullins
Director
Dee Freeman
Secretary
June 23, 2009
Sam Greenwood
"Down Manager
Town of Franklin
188 West Main Street
Franklin, North Carolina 28734
Subject: 401 Water Quality Certification - Approval
Proposed Public Works Facility
DWQ Project # 2009-0504
Macon County
LTNO 1 / Unnamed Tributary to LTN River / 2-(1) / C
Dear Mr. Greenwood:
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 0.06 acres of wetlands and 280 feet of
streams for the purpose of constructing a public works facility 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 Nationwide Permit 39 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:
Location: 2090 U S. Highway 70, Swannanoa, North Carolina 28778
Phone. [phone]! FAX [phone] l Customer Service: 1-877-623-6748 Otte
Internet www.ncwaterquality org NorthCarolina
Natltrally
An Equal Opportunity 1 Affirmative Action Employer
Sam Greenwood
June 23, 2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 280 (feet) Sheet C 1
404/CAMA Wetlands 0.06 (acres) Sheet C 1
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,
i
Coleen H. Sul ins, Director
CHS/cbc
Eric: GC3705
Certificate of Completion
cc: Lori Beckwith - USACE Asheville Regulatory Field Office (e-copy)
Jeff Bishop - McGill Associates (e-copy)
401 Permitting Unit - Central Office
File Copy
G:\WPDA*FA\DEMWQ\Macon\401s\"fownOlFranklin\09-0504_ Approval_6-23-09.doc