HomeMy WebLinkAbout20150392 Ver 1_Approval Letter_20150609X —„ WA
A
WEIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 9, 2015
Henderson County
Attn: Mr. Marcus Jones
1 Historic Courthouse Square
Hendersonville, NC 28972
Donald R. van der Vaart
Secretary
DWR # 15 -0392
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Mill Pond Sewer Line
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application dated April
20, 2015, and received by the Division of Water Resources (Division) on April 23, 2015, with subsequent
information on May 26, 2015 and June 8, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3884 and the additional conditions listed below. This certification is associated
with the use of Nationwide Permit Number 12 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)]
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828- 296 -4500 \ FAX: 828- 299 -7043
Internet: http: / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity \Affirmative Action Employer
Mill Pond Sewer Line
DWR# 15 -0392
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
. Amount Approved
(units)
(units)
Permanent
Temporary
Stream
Impact S2
20 (linear feet)
Impact S3
20 (linear feet)
Impact S4
20 (linear feet)
Impact S5
20 (linear feet)
Impact S6
20 (linear feet)
Impact S7
20 (linear feet)
Impact S8
20 (linear feet)
Impact S9
20 (linear feet)
Impact S10
20 (linear feet)
Impact S11
20 (linear feet)
Impact S12
20 (linear feet)
Impact S13
20 (linear feet)
Impact S14
20 (linear feet)
Impact S15
20 (linear feet)
Impact S16
20 (linear feet)
Total
80 (linear feet)
220 (linear feet)
Wetlands
Impact W1
0.01 (acres)
2. This approval is for the purpose and design described in your application and additional information
submitted on May 26, 2015 and June 8, 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) and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)]
3. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(2)]
4. 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
Mill Pond Sewer Line
DWR# 15 -0392
401 APPROVAL
Page 3 of 4
Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 0213 .0200 (3)(f),
and GS 143 Article 21A]
5. 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
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.
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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Mill Pond Sewer Line
DWR# 15 -0392
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 zan.price @ncdenr.gov if you have any
questions or concerns.
Sincerely,
G. Land avidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884
Certificate of Completion
cc: R. Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Melissa King - 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 \Mill Pond Sewer Line \APRVL.401Mill Pond Sewer Line06O92015.doc