HomeMy WebLinkAbout20160182 Ver 1_Approval Letter_20160422WaterResources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
April 22, 2016
'DWR # 16-0182
Buncombe County
Jakub Markulis & Maria Rusafova
2 Perdue Place
Asheville, NC 28806
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
2 Perdue Place Accessory Structure
Dear Mr. Markulis and Ms. Rusafova:
You have our approval for the impacts listed below for the purpose described in your application
dated February 18, 2016, and received by the Division of Water Resources (Division) on
February 25, 2016; with additional information received on April 12, 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 29 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)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream Impact
Impact S1 15 (linear feet) 5 (linear feet)
State of North Carolina Environmental Quality I Water Resources
2090 US Hwy 70 Swannanoa, North Carolina 28778
828 296-4500
2 Perdue Place
DWR# 16-0182
401 APPROVAL
Page 2 of 3
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)]
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 (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0200., Appropriate sediment and erosion
control practices must be used to meet this standard. [15A NCAC 02B .0200]
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.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.
2 Perdue Place
DWR# 16-0182
401 APPROVAL
Page 3 of 3
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
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.pricegncdenr.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 3890
Certificate of Completion
cc: William Elliott — USACE Asheville Regulatory Field Office (via email)
Nancy Watford — City of Asheville (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\Non-DOT\2 Perdue Place\APRVL.401 2 Perdue Place. 0422.2016.docx