HomeMy WebLinkAbout20141190 Ver 1_Approval Letter_20141219ry
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NCIDENR .. :_
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 19, 2014
Mr. Tim Garren
Valley Hills Fire Rescue Department
1675 Willow Road
Hendersonville, NC 28739
John E. Skvarla, III
Secretary
DWR # 14 -1190
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Valley Hill Fire Station
Dear Mr. Garren:
In accordance with your application dated November 14, 2014, additional information provided by email by
C1earWater Environmental Consultants, Inc (C1earWater) on December 15, 2014, and updated impact table
(page 5 of the application) and updated impact map (Figure 3) provided by C1earWater on December 18, 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 39 once it is
issued to you by the U.S. Army Corps of Engineers (USACE): 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.
Please coordinate with the North Carolina Division of Energy, Mineral and Land Resources (DEMLR) if the
proposed project will impact greater than 10% of the trout stream buffer zone within the subject property tract.
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. [15A NCAC 02H .0506(b)(c)]
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.nedenr.org/webiwgtws
An Equal Opportunity 1 Affirmative Action Employer
Tim Garren
December 19, 2014
Page 2 of 3
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Stream
57 (linear feet)
10 (linear feet)
Wetlands
0.006 (acres)
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. [15A NCAC 02H .0507(d)(2)]
2. Upon completion of each culvert at the site, please send upstream and downstream photographs to
document correct installation to the North Carolina Division of Water Resources Asheville Regional
Office, zan.price e ncdenr.,gov. [15A NCAC 02H .0506 (b)(2)]
3. Meet conditions stated in the North Carolina Wildlife Resources Commission (NCWRC)
comment letter dated December 12, 2014.
This approval and its conditions are.final and binding unless contested. [G.S. 143 - 215.5]
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) 43.1 -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 S: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
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
Tim Garren
December 19, 2014
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
John Evans, 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 Zan Price at 828 - 296 -4650 or zan. rice c,ncdenng�o_v if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
ec: R. Clement Riddle - C1earWater Environmental Consultants, Inc.
David Brown - USACE Asheville Regulatory Field Office
Ashley Rodgers - DEMLR
Laura Herbert - DEMLR
Andrea Leslie - NCWRC
Natalie Berry - Henderson County
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