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Home My WebLink About20150438 Ver 1_Approval Letter_20150707Pat McCrory Governor 7LT4 X07MA NCDENR North Carolina Department of Environment and Natural Resources July 7, 2015 Metropolitan Sewerage District of Buncombe County Attn: Thomas E. Hartye, General Manager 2028 Riverside Drive Asheville, NC 28804 Donald R. van der Vaart Secretary DWR # 15 -0438 Buncombe County Subject: APPROVAL OF AFTER THE FACT 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Old US 70 Highway at Pine Circle Sewer Replacement Dear Mr. Hartye: You have our approval for the impacts listed below for the purpose described in your application dated May 1, 2015, and received by the Division of Water Resources (Division) on May 4, 2015, with subsequent information on June 18, 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:Hportal.ncdenr.org /web /wq /ws An Equal Opportunity \ Affirmative Action Employer Old US 70 Highway at Pine Circle Sewer Replacement DWR# 15 -0438 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 21 (linear feet) Impact S2 10 (linear feet) Impact S3 20 (linear feet) Impact S4 10 (linear feet) Impact S5 19 (linear feet) Impact S6 10 (linear feet) Impact S7 89 (linear feet) 2. This approval is for the purpose and design described in your application and additional information submitted on June 18, 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 Certifications) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. 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] 4. 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 and wetland enhancement. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 6. Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It Old US 70 Highway at Pine Circle Sewer Replacement DWR# 15 -0438 401APPROVAL Page 3 of 4 also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500] 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 may be obtained from the OAH at httr): / /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 Old US 70 Highway at Pine Circle Sewer Replacement DWR# 15 -0438 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.Rov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3884 Certificate of Completion cc: Hunter Carson — MSD (via email) Tasha Alexander — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Buncombe \401s \Non - DOT \Old US 70 Pine Circle Sewer Replacement MSD\ APRVL .401PineCirc_Sewer070715.doc