HomeMy WebLinkAbout20150135 Ver 1_Approval Letter_20160201Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
February 1, 2016
DWR # 15-0135
Buncombe County
Pulliam Spake, LLC
Attn: Rusty Pulliam
2 Walden Ridge Drive, Suite 70
Asheville, NC 28803
Buncombe County
Attn: Jon Creighton
Planning and Development Director
200 College Street, Suite 300
Asheville, NC 28801
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Charlotte Street Storm Relocation
Dear Mr. Pulliam and Mr. Creighton:
You have our approval for the impacts listed below for the purpose described in your
application dated December 19, 2014, and received by the Division of Water Resources
(Division) on February 2, 2015, with subsequent information on August 4, 2015 and December
7, 2015. 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)]
State of North Carolina I Environmental Quality I Water Resources
2090 US Hwy 70 1 Swannanoa, North Carolina 28778
8282964500
Charlotte Street Storm Relocation
DWR# 15-0135
401 APPROVAL
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Impact S1
680 (linear feet)
Impact S2
154 (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 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 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 DEQ:
Charlotte Street Storm Relocation
DWR# 15-0135
401APPROVAL
Page 3 of
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 Zan Price at 828-296-4662 or
zan.price@ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E.,
Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3883
Certificate of Completion
cc: Chris Day —Civil Design Concepts, P.A. (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\Non-DOT\Charlotte Street Storm Relocation\APRVL.40lCharlotteStStormwater.docx