20061854 Ver 2_Approval Letter_20100322

9 NCDENR
North Carolina Department of Environment and Natural
Beverly Eaves Perdue
Governor
March 22, 2010
High Vista Homeowner Association
Bruce East
PO Box 98
Arden, NC 28704
Division of Water Quality
Coleen H. Sullins
Director
Subject: 401 Water Quality Certification - Approval
Line Creek
DWQ Project # 06-1854v2
Buncombe County
FrB / Line Crk / 6-59 / C
Dear Mr. East:
Dee Freeman
Secretary
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 25 feet of streams for the purpose of
streambank stabilization 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 3689. This Certification allows
you to use Nationwide Permit 13 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 ,N ith your project including (but not limited to) Erosion and Sediment Control 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:
Amount Approved (Units) Plan Location or Reference
Stream _ 25 (feet) 3a
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
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March 22, 2010
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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 Susan Wilson in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Eric: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
SASWP\Buncombe\401 s\Non-DOT\HighVista.Buncombe\Approval.401 HighVista03-10.doc