The URL can be used to link to this page

Home My WebLink About20140004 Ver 1_Approval Letter_20140129- NCDENR - North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director January 28, 2014 Arvin and Eunice Guffey 135 Crowes Drive Walhalla, SC 29691 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Guffey Culvert Installation Dear Mr. and Mrs. Guffey: John E. Skvarta, III Secretary DWR # 14 -0004 Buncombe County In accordance with your application dated January 21, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed, Floodplain and Trout Buffer regulations. EVIPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Permanent Amount Approved Temporary Stream 30 linear feet (linear feet ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Permit/Authorization and is responsible for complying with all conditions. Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296-05001 FAX. 828 -299 -7043 Internet htt p•l /portal.nalencorg/web/wglws An Equal Opportunity 1 Affirmative Action Employer Arvin and Eunice Guffey January 28, 2014 Page 2 of 3 2. If instability occurs upstream or downstream of the constructed culvert due to under - sizing or its effects cause degradation to waters of the state, then culvert sizing shall be corrected. See NCWRC comments (Attached). This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at hn: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: If sending via delivery service (UPS, Fed&, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 Certificate of Completion NCWRC Comments Arvin and Eunice Guffey January 28, 2014 Page 3 of 3 - - -cc: - Tasha-McCormick- -USACE Asheville - Regulatory Field Office (via-email) - — - - - - - David McHenry - NCWRC (via email) Cynthia Fox Barcklow - Buncombe County Floodplain Administrator DWR Asheville 401 files DWR 401 and Buffer Permitting Unit G:\ WR \WQ\Buncombe \401s\Non- DOnGuffey Culvert installation\ APRVL. 401GuffeyCulvertlnstallation1- 28- 14.doc -f-