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Home My WebLink About20140474 Ver 1_Approval Letter_20140714NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 14, 2014 French Broad Quiet Water Farm, LLC Attn Richard Johannsen, Manager 733 Village Green Drive Desoto, TX 75115 French Broad Quiet Water Farm, LLC Attn Richard Johannsen, Manager 1701 Brevard Rd Arden, NC 28704 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION French Broad Quiet Waters Farm Dear Mr Johannsen John E Skvarla, III Secretary DWR # 14 -0474 Buncombe County In accordance with your application dated May 9, 2014 received on June 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 3885 & 3897 and the conditions listed below This certification is associated with the use of Nationwide Permit Number 13 & 40 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 Temporary Permanent Stream 110 (linear feet) (linear feet) Wetlands 0 099 (acres) (acres) Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone 828 - 296 -05001 FAX 828- 299 -7043 Internet http //portal ncdenrorg/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer French Broad Quiet Waters Farm, LLC July 14, 2014 Page 2 of 3 ADDITIONAL CONDITIONS A , 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/Authonzation and is responsible for complying with all conditions 2 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 ' r6quire 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 f This approval and its conditions are final and binding unless contested This Certlficat>dn`-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 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 OOam and 5 OOpm, 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, 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 French'Broad Quiet Waters Farm, LLC July 14, 2014 Page 3 of 3 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 foxnncdenr gov if you have any questions or concerns Sincerely, G Landon Davidson, P G, Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures GC 3885 & 3897 Certificate of Completion cc John Vilas, McGill Associates (via email) Tasha Alexander USACE Asheville Regulatory Field Office (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit DocuG \WR \WQ\Buncombe \401s \Non - DOT \French Broad Quiet Waters Farm\APRVL 401FrenchBroadQuietWatersFarm7 -14 -2014 docmentl