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Home My WebLink About20010608 Ver 3_Approval Letter_2014060944 Pow NC®ENIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 9, 2014 John E. Skvaria, III Secretary DWR # 01 =0608 V.2 Buncombe County Hawks Landing, LTD -- Attn:- Ross- Adickman----------------------------- - - - - -- - - - - -- - -- - - - - -- -- - - - -- �-------- - - - - -- - - - -- - -- -- 2400 NE 2nd Ave. Miami, FL 33137 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Hawks Landing Dear Mr. Adickman: In accordance with your application dated April 28, 2014 received, on May 6, 2014, 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(s) or general permit and any additional conditions listed below. Project impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 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 Permanent Temporary Stream 300 (linear feet) (linear feet) Wetlands 0.005 (acres) (acres) Water Quality Regional Operations— Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -45001 FAX: 828 -299 -7043 Internet http : / /portal.nodenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Hawks Landing, LTD June 9, 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. In order to compensate for the remainder of the impacts associated with this project, the permittee shall execute and cause to be recorded restrictive covenants that reflect the preservation of no less than 2,250 linear - feet -of stream - with-- a- 30- ft:- bu- ffer -on -each- side- of-the- stream -(from- top -of- bank);- the -areas to- be- placed - - - -- - under restrictive covenant are to be depicted on the survey titled "Survey of HAWKS LANDING CONSERVATION AREA" submitted to the US Army Corps of Engineers. Because a portion of the preservation area is located within lot lines, the permittee shall ensure that waters of the U.S. are depicted on these plats as legally preserved areas and the new owners are given copies of the recorded restrictive covenants. The permittee shall execute and cause to be recorded these restrictive covenants, and furnish the DWR with a copy of the recorded restrictive covenants, within 60 days of the date of issuance of this WQC approval letter. 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Anderson Farm Stream Mitigation Bank to meet this mitigation requirement. Until the Anderson Farm Stream Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts, other than previously installed culverts, specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Anderson Farm Stream Mitigation Bank to meet the following compensatory mitigation requirement: 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 (60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.coml 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. Compensatory River and Sub -basin Mitigation Required Number Stream 150 (feet) French Broad River 06010105 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 (60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.coml 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. Hawks Landing, LTD June 9, 2014 "Page 3 of 3 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, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 as described in 15A NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox@ncdenr.gov if you have any questions or concerns. Sincerely, 11�- ?k lc:),r- G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 Certificate of Completion cc: John Vilas — McGill Engineering (via email) Lori Beckwith - USACE Asheville Regulatory Field Office (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ\Buncombe \401s \Non- DOT\Hawks Landing 01 -0608 V2\ APRVL .401HawksLanding.06- 03- 14.doc