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HomeMy WebLinkAbout20160224 Ver 1_Approval Letter_20160405r i.".a WaterResources ENVIRONMENTAL QUALITY . Cullowhee Methodist Church Attn: Roger Turk 416 Central Drive, Cullowhee, NC 28723 PAT MCCRORY r7l� Governor DONALD R. VAN DER VAART April 5, 2016 Secretary S. JAY ZIMMERMAN Director DWR #,16-0224 Jackson County Subject: APPROVAL OF 401. WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Methodist Church Parking Lot Dear Mr. Turk: You have our approval for the impacts listed below for the purpose described in your ' application dated Tebruary 26, 2016, and received by the Division of Water Resources (Division) on March.4, 2016, These impacts are covered by the attached Water Quality General Certification Number 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide permit Number 39 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 followthe conditions listed in the enclosed certification(s) or general permit and the following additional conditions:. I. 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)] State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Hwy. 70 J Swannanoa, North Carolina 28778 828 296 4500 Methodist Church Parking Lot DWR# 16-0224 401 Approval Page 2 of 4 Type of impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact Impact S1 125 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 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)1 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 permittee/contractor shall immediately contact the Division of Water Resources, 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 028.0211(12), and GS 143 Article 21A] 4. The permitee shall require its contractors and/or agents to 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 this 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 0214.0506 (b)(2) and (c)(2)] 5. The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a requirement of this Certification is that any additional work conducted within the stream may not occur between the dates of October 15 through April 15. [15A NCAC 02H.0506 (b)(2) and 15A NCAC 046.0125] Methodist Church Parking Lot DWR# 16-0224 401 Approval Page 3 of 4 6. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated March 7, 2016 (attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(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 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.comL 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 B:OOam and 5:O0pm, 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: !f 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 DEN R: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Method ist'Church Parking Lot DwR# 16-0224 401 Approva I 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 Tim Fox at 828-296-4664 or tim.fox!2ncdenr.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 3890 Certificate of Completion NCWRC letter dated March 7, 2016 cc: Warren Sugg, P.E. -- Civil Design Concepts, PA (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Stan Aileen — Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Jackson\4415\Non-DOT\Methodist Church Parking Lot\APRVL.401MethodistChurchParkingLot-4-5-16.docx