20150274 Ver 1_Approval Letter_20150408

NCDENR [`l L
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
April 8, 2015
DWR # 15 -0274
Macon County
Highlands Falls Community Association, Inc.
Attn: Jennifer Royce
290 Skylake Road
Highlands, NC 28741
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Highlands Falls Bank Stabilization
Dear Ms. Royce:
You have our approval for the impacts listed below for the purpose described in your
application dated March 12, 2015, received by the Division of Water Resources (Division) on
March 16, 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 Nation Wide 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, and Water Supply Watershed 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 are met. 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
65 feet
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 - 45001 FAX: [phone]
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Highlands Falls Bank Stabilization
DWR# 15 -0274
401 APPROVAL
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.
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. To minimize instability downstream provide and establish appropriate woody
vegetation on the left side bank downstream in accordance with EEP Guidelines for
Riparian Buffer Restoration (attached). [15A NCAC 02H .0506(b)(2) and (b)(3)]
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. [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 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty calendar days.
A petition form may be obtained from the OAH at http:Hwww.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 8:00am 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: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285

Highlands Falls Bank Stabilization
DWR# 15 -0274
401 APPROVAL
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.
Please contact Tim Fox at 828- 296 -4664 or tim.fox @ncdenr.gov if you have any questions or
concerns.
Sincerely,
Landon Davidson
Regional Supervisor
DWR Asheville Regional Office
Enclosures: GC 3885
Certification of Completion
Riparian Buffer Guidelines
ec: Clement Riddle - ClearWater Environmental Consultants, Inc.
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie — NCWRC
Laura Herbert — DEMLR
cc: DWR ARO 401 file
DWR 401 & Buffer Permitting Unit file
G: \WR \WQ \Macon \401s \Non -D0T \Highland Falls Bank Stabilization\ APRVL. 401HighlandFallsB ankStabilization 4- 8- 15.docx