20090792 Ver 1_Approval Letter_20090914

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 24, 2009
W. D. Warnell
Beech Creek Estates, LLC
10253 North 226 Highway
Bakersville, North Carolina 28705
Subject: 401 Water Quality Certification - Approval
Beech Creek Estates
DWQ Project # 20090792
Mitchell County
FRB06 / Beech Creek / 7-2-64-11 / Class C; Tr
Dear Mr. Warnell:
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 place fill within or otherwise impact 150 linear feet of streams for the purpose of road
netword installation 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 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 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 trout buffer
regulations.
--- This approval s fort e pu osrp a an esign- thai-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-fol lowingimpacts-are-htreb -approved-ag-lang-as-all of the other specific and-general conic itions 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] Customer Service: 1.877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
;Vatunill?
Beech Creek Estates, LLC
September 24, 2009
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 50 (feet) - Perennial BC-C1A
Stream 20 (acres) - Perennial BC-C2
Stream 40 (acres) - Intermittant BC-C4
Stream 40 (acres) - Perennial BC-C7
Additional Conditions:
1. 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.
2. Trout Moratorium
The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a
requirement of this Certification is that any additional work conducted within the stream may not occur
between the dates of October 15 through April 15.
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
?"Ieen H-. Sullins, Director-
CHS/xxx
Enc: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
G AW PDATA\DEM WQ\M itchell\401 s\09-0792.BeechCreekEstates,LLC.Approval. doc