HomeMy WebLinkAbout20140956 Ver 1_Approval Letter_20141014� M
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 14, 2014
Eugene & Carta C. Freeman
333 Old NC 63 Hwy
Leicester, NC 28748
Randall L. & Brigit A. Wemhoff
43 Bright Blue Sky
Leicester, NC 28748
Charles Anderson
2714 Henning Dr.
Winston- Salem, NC 27106
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Wemhoff- Freeman Site Stream Enhancement
Dear Mr. & Mrs. Freeman, Mr. & Mrs. Wemhoff, and Mr. Anderson
John E. Skvarla, III
Secretary
DWR # 14 -0956
Buncombe County
In accordance with your application dated September 5, 2014 received on September 12, 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.
IMPACTSAPPROVED
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.
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NG 28778
Phone: 828 296 46001 FAX 828- 299 -7043
Internet. htlpllpoitalmomrorglweblwgAvs
An Equal Opportunity 1 Affirmative Adon Employer
Wemhoff- Freeman
October 14,2014
Page 2 of3
Type of Impact
Amount Approved
Amount Approved
Temporary
-
Permanent
Stream
12100 (linear feet)
(linear feet)
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. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
3. The designer or his designee shall supervise the installation of in- stream structures.
4. 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 maybe obtained from the OAH at hfp: / /www.ncoali.coln/ 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
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
Wemhoff- Freeman
October 14, 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 as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox(ri)ncdennizov 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:- DWR ARO 401 files
cc: Aaron Earley — Wildlands Engineering Inc.
Tasha Alexander - USACE Asheville Regulatory Field Office
Laura Herbert - DEMLR
G: \WR \WQ\3uncombe \401s \Non -DOT Wemhoff- Freeman Site\ APRVL .401WemHoff- Freemanl0- 13- 14.doc