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Home My WebLink About20130686 Ver 1_Approval Letter_20130816A �� l4CCDEENR North Carolina Department of Environment and Natural Resources Division of Water Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director August 16, 2013 City of Asheville Attn: McCray Coates P.O. Box 7148 Asheville, NC 28805 Subject: 401 Water Quality Certification - Approval Project Name: Lake Craig/Azalea Road DWQ Project # 20130686 Buncombe County French Broad River Basin / Swannanoa River / 6 -78 / C Dear Mr. Coates: John E. Skvada, III 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 850 feet of streams for the purpose of infrastructure and stream bank improvements 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 3885. This Certification allows you to use Nationwide Permit 27 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, Buffer and Floodplain 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 An Equal Opportunity 1 Affirmative Action Employer tleCarolina ura!!t� City of Asheville August 16, 2013 Page 2 of 2 Additional Conditions 1. 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 to ensure the stability and water quality of the stream and downstream waters. 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 Tim Fox in the Asheville Regional Office at (828) 296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3885 Certificate of Completion cc: Tasha McCormick - USACE Asheville Regulatory Field Office Joel Storrow — McGill Associates WBSCP Unit — Central Office File Copy G: \WQ \SWP\Buncombe \401 s\Non- DOT\Lake Craig\APRVL.401 LakeCraig- AzaleaRoad.8.16.13.doc Amount Approved nits Plan Location or Reference Stream 1850 feet Plan sheet Item 3a Additional Conditions 1. 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 to ensure the stability and water quality of the stream and downstream waters. 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 Tim Fox in the Asheville Regional Office at (828) 296-4664. Sincerely, for Thomas A. Reeder TAR/trf Enc: GC3885 Certificate of Completion cc: Tasha McCormick - USACE Asheville Regulatory Field Office Joel Storrow — McGill Associates WBSCP Unit — Central Office File Copy G: \WQ \SWP\Buncombe \401 s\Non- DOT\Lake Craig\APRVL.401 LakeCraig- AzaleaRoad.8.16.13.doc