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Home My WebLink About20150404 Ver 1_Approval Letter_20150519Pat McCrory Governor May 19, 2015 Preston Kendall, Real Estate Project Manager Ingles Markets Incorporated Post Office Box 6676 Asheville, North Carolina 28816 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Ingles — Waynesville Culvert Replacement Dear Mr. Kendall: Donald R. van der Vaart Secretary D W R # 15 -0404 Haywood County You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on April 30, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3883 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 3 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, with the exception of condition number 8 (placement of culverts and other structures in waters and wetlands). No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Amount Approved (linear feet) Permanent Stream S1 1,200 If Amount Approved Temporary 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 s Waynesville Ingles Culvert Replacement DWR# 15 -0404 401APPROVAL Page 2 of 4 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 Certifications) 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 Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 026 .0200 (3)(f), and GS 143 Article 21A] 5. Stormwater Management Plan (SMP) Approval from Town of Wavnesville Required. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the Town of Waynesville's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 -1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Waynesville. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 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 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 htto: / /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. a Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Waynesville Ingles Culvert Replacement DWR# 15 -0404 401APPROVAL Page 3 of 4 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 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 Ed Williams at 828 - 296 -4662 or ed.williams @ncdenr.gov if you have any questions or concerns. Enclosures: GC 3883 Certificate of Completion Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office L� Waynesville Ingles Culvert Replacement DWR# 15 -0404 401APPROVAL Page 4 of 4 cc: Clement Riddle, Clearwater Environmental David Brown — USACE Asheville Regulatory Field Office Laura Herbert - Division of Energy, Mineral, and Land Resources Andrea Leslie — NCWRC DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Haywood \401s \Non- DOT\Ingles Markets- Waynesville\ APRVL. 4011nglesCulvertReplacement _05- 19- 15.doc 1 N1C�Gl�nnf.7,--