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Home My WebLink About20130125 Ver 1_Approval Letter_20130321WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvada, III Governor Director Secretary March 21, 2013 RiverLink Attn: Karen Cragnolin P.O. Box 15488 Asheville, NC 28813 -0488 Subject: 401 Water Quality Certification - Approval Project Name: Ross Creek Watershed DWQ Project # 13 -0125 Buncombe County French Broad / UT to Ross Creek / 6 -78 -23 / B Dear Ms. Cragnolin: The Division of Water Quality 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 0.022 acres of wetlands and 177 feet of stream for the purpose of water quality improvements and stream enhancement 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 3890 and 3885. This Certification allows you to use Nationwide Permit 18 & 27 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, Buffer and Floodplain 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: 828 - 29845001 FAX: 828 -299 -7043 te Inter net: www.nrwaterqual4.org Carolina An FmW ruvv lh mn. % hfn—hun am- ura!!r� RrverLink March 21, 2013 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 Tim Fox in the Asheville Regional Office at (828) 296 -4664. Sincerely, fo. Charles akild, P.E., Director CW /trf Enc: GC 3890 & 3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit — Central Office Karen Cragnolin — Executive Director, Riverlink Jake McLean P.E. — Michael Baker Engineering, Inc. McCray Coates — City of Asheville Storm Water Services John and Patricia Umhau — Property Owners File Copy S: \SWP\Buncombe \401s\Non- DOT\Ross Creek Watershed\APRVL.401 Ross Creek Watershed.3.21.13.doc Amount Approved nits Plan Location or Reference Stream 177 (total feet) S1,S2,S3,S4 31 ft.(NW 18) 146 ft. 27 Wetland 0.022 acres W1 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 Tim Fox in the Asheville Regional Office at (828) 296 -4664. Sincerely, fo. Charles akild, P.E., Director CW /trf Enc: GC 3890 & 3885 Certificate of Completion cc: USACE Asheville Regulatory Field Office WBSCP Unit — Central Office Karen Cragnolin — Executive Director, Riverlink Jake McLean P.E. — Michael Baker Engineering, Inc. McCray Coates — City of Asheville Storm Water Services John and Patricia Umhau — Property Owners File Copy S: \SWP\Buncombe \401s\Non- DOT\Ross Creek Watershed\APRVL.401 Ross Creek Watershed.3.21.13.doc