HomeMy WebLinkAbout20151097 Ver 1_Approval Letter_20160127.rye;
WaterResources
ENVIRONMENTAL. QUALITY
January 27, 2016
Leicester Youth Center
Attn: Greg Brookshire
PO Box 1518
Leicester, NC 28748
PAT MCCRORY
lorenror
DONALD R. VAN DER VAART
S creta y.
S. JAY ZIMMERMAN
DWR # 15-1097
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY, CERTIFICATION WITH ADDITIONAL
CONDITIONS
Streambank Stabilization — Leicester Community Center Youth Group
Dear Mr. Brookshire:
You have our approval for the impacts listed below for the purpose described in your
application dated October 5, 2015, and received by the Division of Water Resources (Division)
on November 25, 2015, with subsequent information on January 4, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3885 and the additional
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 13 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:
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 I Environmental Quality I Water Resources
2090 US Hwy 70 1 Swannanoa, North Carolina 28778
828 296-4500
Leicester Community Center Youth Group
DWR# 15-1097
401APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact S1
20 (linear feet)
Impact S2
275 (linear feet)
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 Certification (s) 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. 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)]
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)]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
7. Follow the recommendations of the North Carolina Wildlife Resources Commission
provided in an email dated October 26, 2015.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Leicester Community Center Youth Group
DWR# 15-1097
401APPROVAL
Page 3 of 4
This Certification can be contested as provided in Articles 3 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 (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
Leicester Community Center Youth Group
DWR# 15-1097
401APPROVAL
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 3885
Certificate of Completion
cc: Gary Higgins — Buncombe County Soil and Water (via email)
William Elliot — 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\4015\Non-DOT\Leicester Community Center Youth Camp\APRVL.Streambank Stabilization—Leicester Comm
Center.docx