20150252 Ver 1_Approval Letter_20150417

Pat McCrory
Governor
S'
KbENIR {
North Carolina. Department of Environment and Natural Resources
Donald R. van der Vaart
Secretary
April 17, 2015
DWR # 15 -0252
Henderson County -
Town of Laurel Park
Attn: Alison Melnikova
441 White Pine Drive
Laurel Park, NC 28739
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Rhododendron take Park -Phase 11 Project
Dear Ms. Melnikova:
You have our approval for the impacts listed below for the purpose described in your application dated March
2, 2015, and received by the Division of Water Resources (Division) on March 9, 2015, with subsequent
information on April 15, 2015. These impacts are covered by the attached Water Quality General Certification
Numbers 3885 and 3890 and the additional conditions listed below. This certification is associated with the
use of Nationwide Permit Numbers 27 and 42 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 certifications) 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 met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)]
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] \ FAX: 828 - 299 -7043
Internet: http: / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity\ Affirmative Action Employer

Rhododendron Lake Park —Phase II Project
DWR# 15 -0252
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
Impact S1
323 (linear feet)
Impact S2
30 (linear -feet)
Wetlands
Impact W8
0.05 (acres)
Open Water
Impact 03
0.17 (acres)
Impact 04
0.05 (acres)
Impact 05
0.002 (acres)
Impact 06
0.03 (acres)
Impact 07
0.006 (acres)
Impact 09
0.03 (acres)
Impact 010
0.08 (acres)
2. This approval is for the purpose and design described in your application and additional information
submitted on April 15, 2015. 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 I owner must be given a copy of this'approval letter and General Certifications) and is
responsible for.complying with all conditions. [15A NCAC 02H .O507(d)(2)]
3. 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 @ncdenr.gov. [15A NCAC 02H .0506 (b)(2)]
4. The designer or his designee shall supervise the installation of in- stream structures. [15A NCAC 02H
.0506(b)(2)j
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(2)]
6. 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 0213.0200 (3)(f),
and GS 143 Article 21A]

Rhododendron Lake Park —Phase II Project
DWR# 15 -0252
401 APPROVAL
Page 3 of '4
7. 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)]
8. 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)]
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 1506 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 http` / /www.ncoah.com/ or by calling the OAH Clerk's Office
at (919) 431 -3000 for information. A petition is corisidered-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
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

Rhododendron Lake Park —Phase II Project
DWR# 15 -0252
401 APPROVAL
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H .0500. Please contact Zan Price at 828 - 296 -4662 or [e-mail] if you have any
questions or concerns.
Sincerely,
4
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: 6C 3885
GC 3890
Certificate of Completion
ii
cc: R. Clement Riddle - ClearWater Environmental Consultants, Inc. (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- DOT\Rhododendron Lake Park Phase II \APRVL401Rhododendron Lake Park Phase II 04- 17- 15.doc