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Home My WebLink About20120036 Ver 1_Approval Letter_20120208WDENOR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid P E Governor Director February 8 2012 David Kidder Carolina Adventist Retirement System 95 Holcombe Cove Road Candler North Carolina 28715 Subject 401 Water Quality Certification Approval Pisgah Manor Skilled Nursing Facility DWQ Project # 2012 0036 Buncombe County FRB02 / Moore Creek / 6 76 8 / Class C Dear Mr Kidder 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 0 033 acres of wetlands and 108 linear feet of streams (47 linear feet of replacement and 61 linear feet of new culvert) for the purpose of property access at the subject property This approval requires you to follow the conditions hsted in the attached Certification and any additional conditions listed below Project impacts are covered by General Water Quality Certification Number 3821 This Certification allows you to use Nationwide Permit 39 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 Location 2090 U S Highway 70 Swannanoa North Carolina 28778 Phone 828 29645001 FAX 828 299 7043 Internet www ncwaterquality org One NorthCarollna An Equal Opportunity, t Affirmative Action Employer AII&W& Pisgah Manor February 8 2012 Page 2 of 2 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 Mall 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 2964657 Sincerely r—M- Charles Wakild P E Director CW /khb Enc GC3821 Certificate of Completion cc R Daniel Hyatt RLA ASLA Broadbrooks Associates P A 184 East Chestnut Street Suite 1 Asheville North Carolina 28801 USACE Asheville Regulatory Field Office David McHenry NC Wildlife Resources Commission 401 Permitting Unit — Central Office File Copy S \SWP\Buncombe \401sWon DOT\Pisgah Manor \SkilledNursmgFacihty 02 08 2012 doc Amount Approved (Units) Plan Location or Reference Stream 35 (feet) S1 re lcacement Stream 12 (feet) S2 Replacement Stream 61 (feet) S3 Culvert Installation 404 /CAMA Wetlands 0 033 (acres) W 1 Culvert 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 Mall 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 2964657 Sincerely r—M- Charles Wakild P E Director CW /khb Enc GC3821 Certificate of Completion cc R Daniel Hyatt RLA ASLA Broadbrooks Associates P A 184 East Chestnut Street Suite 1 Asheville North Carolina 28801 USACE Asheville Regulatory Field Office David McHenry NC Wildlife Resources Commission 401 Permitting Unit — Central Office File Copy S \SWP\Buncombe \401sWon DOT\Pisgah Manor \SkilledNursmgFacihty 02 08 2012 doc