20110434 Ver 1_Approval Letter_20110616

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 16, 2011
Mr. Brian Evers and Ms. Julianne Day Evers
201 Thornbird Ave.
Hendersonville, NC 28792
Subject: 401 Water Quality Certification - Approval
Evers Property
DWQ Project # 11-0434
Henderson County
FRB / UT King Creek / 6-55-8-1-2-(2) / C
Dear Mr. and Ms. Evers:
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 125 feet of stream 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 3687 and 3689. This Certification
allows you to use Nationwide Permits 3 and 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 contact the City of Hendersonville to ensure compliance with the
City's ordinances regarding buffers (if you have not done so already). No additional work should be conducted
in the 30 foot stream buffer without express permission from the City of Hendersonville and/or Henderson
County (this includes any removal of vegetation or any placement of impervious surfaces).
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 125 (feet) Application, C.3.
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
Nah(M4
Mr. and Ms. Evers
June 16, 2011
Page 2 of 2
Monitoring Requirement
Photo-documentation of the streambank stabilization and further downstream (to include the buffer
plantings) shall be conducted a minimum of once per year; the photo-documentation should be conducted at
(1) from Thornbird Avenue looking downstream and (2) from the small wooden bridge on your property
looking downstream. These records should be kept on file at your home. Should visual observation
indicate a lack of success of vegetation, replanting may be necessary (you may wish to contact the Asheville
Regional Office should significant planting die-off occur, or should further erosion occur, to determine the
best course of action).
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 A. Wilson in the Asheville Regional Office
at [phone].
Sincerely,
Coleen H. Sullins, Director
CHS/saw
Enc: GC3689 and GC3687
Certification of Completion (for buffer planting)
cc: USACE Asheville Regulatory Field Office, Tyler Crumbley
401 Permitting Unit - Central Office
Henderson County Planning, Tim Fox
City of Hendersonville, Susan Frady, City Zoning Administrator
File Copy
S:\SWP\Henderson\401s\Non-DOT\Evers 401 Thombird Ave\APRVL.Evers.6 201 Ldoc