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Home My WebLink About20150229 Ver 1_Approval Letter_20150327Al 12mA CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 26, 2015 WNC Resort Properties, LLC Attn: Tim Rice 470 Brickyard Road Etowah, NC 28729 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Gash Creek Restoration Project Dear Mr. Rice: Donald R. van der Vaart Secretary DWR # 15 -0229 Henderson County You have our approval for the impacts listed below for the purpose described in your application dated February 26, 2015, and received by the Division of Water Resources (Division) on March 2, 2015. These 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 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. 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 meta No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S 1 1400 (linear feet) Impact S2 20 (linear feet) Impact S3 20 (linear feet) Water Quality Regional Operations — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -45001 FAX: 828 - 299 -7043 Internet: http :l /portal.nodenr.org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Gash Creek Restoration Project March 26, 2015 Page 2 of 3 2. 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)] 3. The designer or his designee shall supervise the installation of in- stream structures. [ 15A NCAC 02H .0506(b)(2)] 4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3)(f), and GS 143 Article 21A] 6. All temporary impacted areas shall be restored to pre- construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H :0506 (b)(2) and (c)(2)] 7. 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. [15A NCAC 02H .0506(b)(2) and (b)(3)] 8. Follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated March 13, 2015. 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) 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:OOam and 5:OOpm, excluding official state holidays). Gash Creek Restoration Project March 26, 2015 Page 3 of 3 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 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 -4662 or zan.price ,ncdenngov 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: R. Clement Riddle — C1earWater Environmental Consultants, Inc. (via email) Andrew Bick, PE — Confluence Engineering (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Laura Herbert - Division of Energy, Mineral, and Land Resources (via email) Andrea Leslie — NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ\Henderson \401s \Non- DOnGash Creek Stream Restoration 2015\APRVL.401Gash Creek Restoration Project_03- 26- 15.doc