20031181 Ver 1_Approval Letter_20030925

?QF VNATF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
`Q North Carolina Department of Environment and Natural Resources
=? r Alan W. Klimek, P.E., Director
O Division of Water Quality
' Coleen H. Sullins, Deputy Director
Division of Water Quality
September 25, 2003
Buncombe County
DWQ Project #: 03-1181
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. Mike West
Post Office Box 1424
Chandler, NC 28715
Dear Mr. West:
You have our approval, in accordance with the attached conditions, to impact 0.007 acres of wetlands
and 147 feet of perennial streams for the purpose of providing road access to develop a commercial site
as you described in your application dated July 16, 2003. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3402, which may be
viewed on our website at http•//h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
Nationwide Permit Number 39 when the Corps of Engineers issues it. In addition, you should get any
other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
Certification of Completion
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
IW
NCOEM
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd.. Raleish, NC 27604-2260 (Location)
Page 2
Mr. Mike West
September 25, 2003
Stormwater Management Plan
2. An additional condition is that a final, written stormwater management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No. 4 in GC
No. 3402. The stormwater management plan must include plans and specifications. for
stormwater management facilities that are appropriate for surface waters classified as Class C
and designed to remove 85% TSS according to the most recent version of the NC DENR
Stormwater Best Management Practices Manual. These facilities must be designed to treat the
runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as
approved by this Office) shall be constructed and operational, and the stormwater management
plan (as approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this
Office that the impervious area of the entire, built-out project shall be less than 30% and that there
are no areas of concentrated impervious area over 30% within the project such as, but not limited
to, commercial areas, multi-family, clubhouses, maintenance areas, etc.
A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition.
Deed Notifications
3. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
r
Page 3
Mr. Mike West
Page 3
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at our
Asheville Regional Office at 828-251-6208.
Sincerely,
Alan W. Klimek, P.E., Director
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Larry Barthelemy, Cavanaugh & Ass, 11 N. Market St., Suite 101, Asheville, NC 28801