HomeMy WebLinkAbout20150209 Ver 1_Approval Letter_20150415A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
April 15, 2015
City of Hendersonville
Attn: Brendan Shanahan
305 Williams Street
Hendersonville, NC 28792
L//
Donald R. van der Vaart
Secretary
DWR # 15 -0209
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Britton Creek Stabilization Project
Dear Mr. Shanahan:
You have our approval for the impacts listed below for the purpose described in your application dated
February 17, 2015, and received by the Division of Water Resources (Division) on February 20, 2015, with
subsequent information on April 9, 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 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
Impact S1
1500 (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 : / /portal.ncdenr.org /web/wgtws
An Equal Opportunity 1 Affirmative Action Employer
Britton Creek Stabilization Project
April 15, 2015
Page 2 of 3
2. This approval is for the purpose and design described in your application and additional information
received on April 9, 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 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 0213.0200 (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 15013 by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
Britton Creek Stabilization Project
April 15, X2015
Page 3 of 3
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 8:00am 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
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 @ncdenr.gov 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: 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- DOT\Gash Creek Stream Restoration 2015\APRVL.401Gash Creek Restoration Project_03- 26- 15.doc