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Home My WebLink About20150294 Ver 1_Approval Letter_20150804FFAA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 4, 2015 Balsam Mountain Preserve Community Association Attn: Michael Fulbright 81 Preserve Rd. Sylva, NC 28779 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Balsam Mountain Preserve Bridge Replacement at Cashie Branch Dear Mr. Fulbright: Donald R. van der Vaart Secretary DWR # 15 -0294 Jackson County You have our approval for the impacts listed below for the purpose described in your application dated January, 2015, and received by the Division of Water Resources (Division) on March 23, 2015 and additional information received on June 21, 2015 via email. These impacts are covered by the attached Water Quality General Certification Number 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 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 Stream Impact S1 Amount Approved (units) Amount Approved (units) Permanent 24 ft. Temporary 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. 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 Balsam Mountain Preserve Bridge Replacement DWR# 15 -0294 401 APPROVAL Page 2 of 3 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)] 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 1508 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. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Balsam Mountain Preserve Bridge Replacement DWR# 15 -0294 401 APPROVAL Page 3 of 3 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 Tim Fox at 828 - 296 -4664 or tim.fox(@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 3883 Certificate of Completion cc: Terry Allen —T. E. Allen Engineering (via email) David Brown — 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 \Jackson \401s \Non- DOT \balsam mt preserve cashie branch bridge replacement\ APRVL. 401 Balsa mMtPreserve Bridge ReplacementCashieBranch8- 4- 15.doc