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Home My WebLink About20151154 Ver 1_Approval Letter_20160112WaterResources ENVIRONMENTAL QUALITY January 12, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART - Secretary S. JAY ZIMMERMAN Director DWR # 15-1154 Buncombe County City of Asheville Attn: Stephanie Monson P.O. Box 7148 Asheville, NC 28802 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS French Broad River Accesses: Jean Webb Park & Craven Street Bridge BAA Dear Ms. Monson: You have our approval for the impacts listed below for the purpose described in your application dated October 19, 2015, and received by the Division of Water Resources (Division) on November 4, 2015, with subsequent information on December 14, 2015 and December 18, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3883, 3885, and 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 13, 18, 36, and GP56 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, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] - State of North Carolina Environmental Quality I Water Resources 2090 US Hwy 70 Swannanoa, North Carolina 28778 8282964500 FBR Access: Jean Webb and Craven Street DWR# 15-1154 401 APPROVAL Page 2 of 4 Type, -of Impact . Amount Approved Amount Approved..., (units) (units) Permanent Temporary Streams Stream S1 17 (linear feet) Stream S2 17 (linear feet) Stream S3 31 (linear feet) 2. This approval is for the purpose and design described in your application and additional information provided. 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 02B.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 bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. The turbidity standard of 50 NTUs shall not be exceeded in the receiving stream as described in 15A NCAC 02B .0211. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 0213 .0200] 6., All stormwater runoff from the built upon areas shall be transported via vegetated conveyances designed in accordance with the most recent version of the NC `-St-ormwater Management Best Management'Practices Manual.-'Theproject must not include a stormwater collection system (such as piped conveyances) as defined in 15A NCAC 02B.0202(60). 7. Follow the recommendations outlined in the December 7, 2015 letter from the North Carolina Wildlife Resource Agency. FBR Access: Jean Webb and Craven Street DW R# 15-1154 401APPROVAL Page 3 of 4 This approval and its conditions are final and binding on-lm_contested.. [Q.S. 1-43-215.5]_ _ 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 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 5:00pm, 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 FBR Access: Jean Webb and Craven Street DWR# 15-1154 401 APPROVAL Page 4 of 4 .This..letter.:completes the review by the Division under section 401_of.the..Clean Mater Act as described in 15A NCAC 02H .0500. Please contact Zan Price at 828-296-4662 or zan.price@ncdenr.gov 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 GC 3885 GC 3890 Certificate of Completion cc: Sara Sherman, PE — NCWRC (via email) William Elliot — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Tyler Ferguson — TVA (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G:\WR\WQ\Buncombe\401s\Non-DOT\FBR Access Jean Webb Park and Craven St\APRVL.401.FBR Access Jean Webb_CravenSt.docx