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Home My WebLink About20150497 Ver 1_Approval Letter_20150618A 7x V/ NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R van der Vaart Governor Secretary June 18, 2015 DWR # 15 -0497 Haywood County Marcy Onieal Town of Waynesville Post Office Box 100 Waynesville, North Carolina 28786 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION East Street Park Stream Restoration Dear Ms Onieal- In accordance with your application dated May 11, 2015 and additional information received on June 4, 2015, 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 3885 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 27 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 and Trout Buffer regulations IMPACTS 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 Stream ADDITIONAL CONDITIONS Amount Approved Permanent 220 (linear feet) Amount Approved Temporary (linear feet) Water Quality Regional Opertations - Asheville Regional Office One Location 2090 U S Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone 828 - 296 -45001 FAX 828 - 299 -7043 a��y�� 1 //� Internet www ncwaterquality org A/ V a'� [ An Equal Opportunity 1 Affirmative Action Employer East Street Park Stream Restoration June 18, 2015 Page 2 of 3 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 2 The designer or his designee shall supervise the installation of in- stream structures. 3. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual 4 Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office 6 Recommendations provided by the Wildlife Resources Commission on June 5, 2015 should be followed. 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 httD. / /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:OOpm, 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 East Street Park Stream Restoration June 18, 2015 Page 3 of 3 , Mailing address for the OAH- If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, 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 Ed Williams at 828 - 296 -4686 or ed.williamsAncdenr 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 3885 Certificate of Completion cc* Jonathan Yates — Town of Waynesville Eric Romamszyn — Haywood Waterways Association David Brown - Asheville Regulatory Field Office Andrea Leslie — Wildlife Resources Commission DWR ARO 401 files DWR 401 and Buffer Permitting Unit G \ WR \WQ\Haywood \401s\Non- DOT1East Street Park Stream Restoration\ APRVL401EastStreetParkStreamRestoration _6 -18 -2015 doc r... -r.- ,A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R van der Vaart Secretary _ DWR Project No.. County Applicant Protect Name Date of Issuance of 401 Water Quality Certification Certificate of Completion 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 this certificate to the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 -1650 This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer It is not necessary to send certificates from all of these Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials Signature • Date Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials Signature Date If this project was designed by a Certified Professional I, , as a duly registered Professional (i e , Engineer, Landscape Architect, Surveyor, etc ) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials Signature Registration No Date 401 & Buffer Permuting Unit 1650 Mad Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 307 -6300 ,, FAX 919- 807 -6494 Internet httpilportalncdenrorg1vveb iwg1ws An Equal Cpportundy k Affirmative Action Employer