20150887 Ver 1_Approval Letter_20151208

Water Resources
ENVIRONMENTALaVALIN
I PAT MCCRORY
l
Gd r
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Dov.,
December 8, 2015 -
DWR # 15-0887
Transylvania County
City of Brevard
David Lutz, Public Services. Director
95 West Main Street -
Brevard; NC 28712
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS -
Neely Road Pump Station and Flow Equalization
Dear Mr. Lutz:
You have our approval for the impacts listed below for the purpose described in your
application dated August 13, 2015, and received by the Division of Water Resources (Division)
on August 31, 2015, with additional information received on October 29, 2015 via email and
November5,. 2015. These impacts are covered by the attached Water Quality General
Certification Numbers 3884 & 3890 and the additional conditions listed below. This
certification is associated with the use of Nationwide Permit Numbers 12-& 39 once they are - - -
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 are met. No other impacts are approved,
including incidental impacts: j15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Amount Approved ,
'..(units)
(units)
'Permanent'
Temporary
Streams
1
t
Division of Water Resources—Asheville Regional Office I
2090 US Hwy 70, 5wannanos, NC 28778
Phone: [phone] \ FAX: [phone]
Internet: httP:HPonal.ncde,r,olg/web/wgf.s 1
An Equal Opportunity\Affirreative Action Employer

Neely Road Pump Station and Flow Equalization
DWRN 15-887 t
4 (APPROVAL
Page 2of5
I!-
d
S1
15 ft.
S2
40 ft.
- S3- -
23 ft.
S10
22 ft.
511
110 ft.
Wetlands
W1 -
0.082 acres"
W2
0.110 acres
W3
0.055 acres
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 Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. Visual monitoring of the project shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever Is longer), -and then annually until the site is -.
stable (particularly after storm events) and vegetation is successful. Any failures of
structures, stream banks, or vegetation may require future repairs or replacement,
:which requires coordination with the Asheville Regional Office to ensure the stability
and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2)
and (b)(3)1
4. Fueling, lubrication and general equipment maintenance should nottake place within
50 feet of waterbody or wetlands to prevent contamination by fuel and oils, [15A
NCAC 02H.0506 (b)(3)1
S. The permittee shall require its contractors and/or agentsto comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of thls Certification. A copy of this Certification,
- including all conditions' shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)1.

Neely Road Pump SWdon and Flaw EquaI zationt
DWRM 15-0887
401APPROVAL
Page 3 of 5
i
I
6. The proposed project must comply with the recommendations stated in
the North Carolina Wildlife Resources Commission (NCWRC) comment
letter dated September 24, 2015.
7. Natural fiber matting is recommended for streambank stabilization over
plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
8. All temporary impacted areas will be restored to pre -construction natural
conditions uponcompletion of the project. Native vegetation shall be used for
wetland and stream bank. stabilization. [15A NCAC 021-1.0506 (b)(2) and (c)(2)]
This approval and its conditions are final andbinding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 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 httP://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 [phone], 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
3

Neely Road Pump Station and Flow Equalization
DWR#15-0887
401 APPROVAL
Page 4 of 5
One (1) copy of the petition must also be served toDENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 Tim Fox at 828-296-4664 or, -
tim.fox(@ncdenr.gov if you have any questions or concerns.
G. Landon Davidson, P.G.; Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884 & 3890
,Certificate of Completion
cc: Kelly Boone- CDM Smith (via email)
David Brown —USACE Asheville Regulatory Field Office (via email)'
Andrea Leslie NCWRC (via email)
Bryan Tompkins - USFW (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G\WR\WQ\Transylvania\401s\Non-DOT\Neely Rd Pump Station\APRVL.404NeeIyRdPumpStatlon12-8-15.docx