HomeMy WebLinkAbout20090807 Ver 1_Approval Letter_20090909Beverly Eaves Perdue
Governor
September 9, 2009
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NCDEE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director
Secretary
Ms. Marisue Hilliard
USDA Forest Service
160 Zillicoa St., STE A
Asheville, NC 28801
Subject: 401 Water Quality Certification - Approval
Bent Creek System Trail #660 Wolf Branch Stream Crossing Improvement
DWQ Project # 09-0807
Buncombe County
French Broad 02 / Wolf Branch / 6-67-9 / B
Dear Ms. Hilliard:
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 35 feet of stream and for the purpose of stream
enhancement and trail restoration 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 (USAGE). 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 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 35 (feet) Wolf Branch, Bent Creek
S stem Trail #660
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828-29645001 FAX: 828-299-70431 Customer Service: 1-877.623.6748
Internet: www.ncwaterquality.org
Ao Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Ms. Hilliard
September 9, 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.
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 Susan A. Wilson in the Asheville Regional Office
at 828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Eric: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office (e-copy)
401 Permitting Unit - Central Office (e-copy)
Brady Dodd, USDA Forest Service (e-copy)
File Copy
GAWPDATA\DEMWQ\Btmcombe\401 s\USDA Forest Service Projects\Bent Creek Tr 660 approval 9 2009.doc