20140833 Ver 1_Approval Letter_20140821

A'A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 21, 2014
Creekside Homeowners Association
Attn: Mike Bernatovicz
33 Creekside Way
Asheville, NC 28804
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Beaverdam Creek Stabilization
Dear Mr. Bernatovicz:
John E. Skvarla, III
Secretary
DWR # 14 -0833
Buncombe County
In accordance with your application dated July 31, 2014 received on August 11, 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 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 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
Permanent
Amount Approved
Temporary
Stream
740 (linear feet)
(linear feet)
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -45001 FAX. [phone]
Internet: http • / /portal.nGdenr.org /weblwgiws
An Equal Opportunity 1 Affirmative Action Employer

Creekside Home Owners Association
August 21, 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 designer or his designee shall supervise the installation of in- stream structures.
3. The permittee will provide on -site supervision of stability work including, but not limited to bank re-
sloping, culvert installation, in- stream structure placement, and riparian zone re- establishment, by an
appropriately trained individual.
4. This authorization exempts the Permittee from meeting Condition #7 (Work in the Dry) in the attached
general certification for the placement of in- stream structure material into Beaverdam Creek. The
Permittee shall take all reasonable measures to construct in- stream structures while keeping heavy
equipment out of the stream channel. Stream flow will be diverted around work areas as much as
practicable. All reasonable steps must be taken to limit the amount of disturbance in the channel and to
therefore reduce downstream turbidity during construction. This exemption does not relieve the
Permittee of meeting stream standards as indicated in 15A NCAC 02B.
5. 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.
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: / /w-�,vw.ncoah.coin/ 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: If sending via delivery service (UPS,
FedEx, etc):

Cre4side Home Owners Association
August 21, 2014
Page 3 of 3
Office of Administrative Hearings 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(a ncdenr.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
Certificate of Completion
cc: Andrew Bick — Confluence Engineering (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DocG- \WR \WQ\Buncombe \401s \Non- DOT\Beaverdam Creek Stabilization Project\APRVL. 401. BeaverdamCreekStabilization8- 21- 14.document2