20110338 Ver 1_Approval Letter_20110516

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
May 16, 2011
Daniel Cobb, Planning / Asst. Zoning Administrator
Town of Brevard
95 West Main Street
Brevard, North Carolina 28712
Subject: 401 Water Quality Certification - Approval
French Broad River Stabilization at Hap Simmons Park
DWQ Project # 2011-0338
Transylvania County
French Broad / French Broad River / 6 - (27) / Class B
Dear Mr. Cobb:
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 1,350 feet of streams for the purpose of bank
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 with your project including (but not limited to) Erosion and Sediment Control and stormwater
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 1,350 (feet) Plan C. 3.a. S1
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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French Broad River Stabilization at Hap Simmons Park
May 16, 2011
Page 2 of 2
Additional Conditions:
1. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15
A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used to meet this standard.
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur.
3. All efforts shall be taken to protect and maintain the existing large riparian trees on-site.
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
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Coleen H. Sullins, Director
CHS/khb
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Dave McHenry, NC Wildlife Resources Commission
401 Permitting Unit - Central Office
File Copy
S:\S WP\Transylvania\401 sW on-DOT\Brevard.HapS immonsPark\Brevard.HapS immonsPark.APV L.05.16.2011.doc