20130941 Ver 1_Modifications_20140812

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NCDENR
Wit• , I I, • • • , I • •
Pat McCrory
Governor
August 12, 2014
Carolyn Banks, Trustee
717 Dillingham Road
Barnardsville, NC 28709
I�C�C�OMC
AUG 1 3 2014
Subject: 401 WA'T'ER QUALITY CERTIFICATION MODIFICATION
Haw Branch Restoration
Dear Ms. Banks:
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John E. Skvarla, III
Secretary
DWR # 13 -0941
Buncombe County
The Division of Water Resources conducted a compliance inspection on July 22, 2014 to resolve NOV -2013-
PC- 0121 and to check for 401 Water Quality Certification compliance. Stream Restoration work had been
undertaken. However, riffle and pool features were not installed and a small unstable area (head cut) was
observed near the top of the project area. Since the on -site inspection, a boulder step detail has been submitted
to DWR as a resolution to correct the unstable area. As a result of the work completed thus far the additional
conditions of the previously approved 401 Certification have been modified and are outlined below.
ADDITIONAL CONDITIONS
Visual monitoring of the project, including the installation of the boulder step structure, shall be
conducted at a minimum of quarterly for the first year, or until two bank full events have occurred, and
then annually until the site is stable 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.
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.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).
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.ncdenrorg /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

Carolyn Banks, Trustee
August 12, 2014
Page 2 of 2
The petition may be faxed to the OAR 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.
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Mailing address for the, OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative H' 6arings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 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(,,emcdenngov if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Mike Lovoy, P.E. (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DG \WR \WQ\Buncombe \Complaints \Scott Banks\APRVLMODIFACTION HawBranch.8- 11- 14.dococumentl