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HomeMy WebLinkAbout20131266 Ver 1_Approval Letter_20140117�� NN�!R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary January 17, 2014 DWR # 13 -1266 Buncombe County Presbytery of Asheville Presbyterian Church in USA (Presbytery of Western North Carolina) Attn: Lisa Pressley 114 Silver Creek Road Morganton, NC 28655 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Lake Evans Primary Spillway Maintenance Dear Ms. Pressley: In accordance with your application dated December 10, 2013, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3883 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream 750 ft. or Sediment Water Quality Regional operations — Asheville Regional office 2090 US Hwy 70, Swannanoa, NC 28778 Phone- 828 - 296-45001 FAX: 828 - 299 -7043 Internet http J /portal.ncdenr.orglwebfwgAvs An Equal opportunity 1 Affirmative Action Employer The Presbytery of Western North Carolina January 17, 2014 Page 2 of 3 ADDITIONAL CONDITIONS 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification/Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) /Permit/Authorization and is responsible for complying with all conditions. 2. The water release structure for this dam must be designed for mid- column release during normal flows and during low flow conditions. It must also provide for low flow release to the downstream channel, including during filling of the pond. At no point should the downstream segments be dewatered by this activity. Also to help minimize temperature elevation in waters downstream, trees should be maintained along the pond perimeter, but not on the dam. Native trees (e.g., river birch, sycamore, red maple) should be planted along the pond if trees are removed or if additional shading of the pond surface is needed. 3. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty calendar days. A petition form may be obtained from the OAH at hM: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, F. edEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 The Presbytery of Western North Carolina January 17, 2014 Page 3 of 3 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Tim Fox at 828 - 296 -4664 or tim.fox@Acdenr.gov if you have any questions or concerns. Sincerely, C�z G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3883 Certification of Completion cc: Joel Lenk, PG (via email) Tasha McCormick - USACE Asheville Regulatory Field Office (via email) DWR Asheville RO 401 files DWR 401 and Buffer Permitting Unit GA WQ \SWP\Buncombe \401s\Non- DOMake Evans Primary Spillway\ APRVL. 401LakeEvansSpillway1- 17- 14.docx