20140984 Ver 1_Approval Letter_20150313

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 13, 2015
DWR# 14 -0984
Henderson County
PSNC
Attn: Whitney Waldrop
800. Gaston Road
Gastonia, N.C. 28056
S &ME, Inc.
Attn: Joey Lawler
9751 Southern Pine Boulevard -
Charlotte, NC 28273
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Sweetwater Hill Drive Stream Restoration
Dear Ms. Waldrop & Mr. Lawler:
In accordance with your application dated September 8, 2014 and additional information received on February
16, 2015 and via email on March 5, 2015, 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 3883 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 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
43 (linear feet) _
(linear feet)
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28]]8
Phone: 828 - 2964001 FAX [phone]
Internet http: / /poftai.ncdennorgMebfwgAvs
An Equal Opportunity lAfimialivakllon Employer

PSNC
March 13. 2015
Peg. 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. 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.
Is 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'athttn: / /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 my 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:
Ifsending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
'
Raleigh, NC 27699 -6714
Ifsending via delivery service (UPS,
FedFx, 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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

PSNC
Merck 13, 2015
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.fox ncdenr.sov if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.O., Regional Supervisor
Water Quality Regional Operations.
Asheville Regional Office
Enclosures: GC 3883
Certificate of Completion
cc: DWRARO401.files
cc: Mark Taylor — S &ME
David Brown - USACE Asheville Regulatory Field Office
Henderson County Planning
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