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Home My WebLink About20150755 Ver 1_Approval Letter_20150818►�w CNR - I North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary - August 18, 2015 DWR # 15 -0755 Rutherford County Rutherford County Attn: Steve Garrison, Manager 289 North Main Street Rutherfordton, North. Carolina 28139 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Painter's Gap Road Water Line - Dear Mr. Garrison: You have our approval for the impacts listed below for the purpose described in your application received August 3, 2015. These impacts are covered by the attached Water Quality General Certification Number 3884 and the 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, and Water Supply Watershed 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 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 -45001 FAX: 828- 299 -7043 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Type of Impact W1 S1 S2 S3 S4 S5 S6 S7 Amount Approved (units) Permanent 15 Linear Ft. Rutherford County DWR# 15 -0755 401 APPROVAL Page 2 of 3 Amount Approved (units) Temporary 0.003 Acres 15 Linear Ft. 15 Linear Ft. 15 Linear Ft. 15 Linear Ft. 15 Linear Ft. 15 Linear Ft. 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 past of the Certification. 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. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals.. [15A NCAC 02H .0506(b)(2)] 21 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of-maters 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] 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 - 215.5] 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 calendar days. Rutherford County DWR# 15 -0755 401 APPROVAL 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 5:00pni, 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 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 of the Division under section 401 of the Clean Water Act. Please contact Ed Williams at 828 - 296 -4686 or ed.williams@ncdenr.gov if you have any questions or concerns. Sincerely, As e . Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3884 Certification of Completion ec: Clear Water Environmental William Elliot - USACE Asheville Regulatory Field Office Andrea Leslie — NCWRC Fred Walker — DEMLR G. \WR \WQ\ Rutherford \401s\ Non - DOT\ RutherfordCounty. paintersGapRoad\ APRVL .401.PaintersGapRd.4- 18- 15.docx