20081000 Ver 1_Approval Letter_20080812

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 12, 2008
Darlene Flynn
RUKH Asheville Properties
3000 Hadley Road
South Plainfield, NJ 07080
Subject Property: Chimney Laurel
UT to Ox Creek (040302, 6-87-6-(2), C-Tr)
Approval of 401 Water Quality Certification
Dear Ms. Flynn:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1000
Buncombe County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 299 feet of streams for the purpose of road crossings at the subject property, as
described within your application dated June 19, 2008 and received by the N.C. Division of Water
Quality (DWQ) on June 23, 2008. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows
you to use Nationwide Permit(s) 29 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the
attached certification.
1. Impacts Approved
fie
NorthCarolina
Naturm!!y
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream UT to Ox Crk 92 (feet) A culvert
Stream UT to Ox Crk 60 (feet) B culvert
Stream UT to Ox Crk 80 (feet) C culvert
Stream UT to Ox Crk 67 (feet.) D Culvert
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www,.ncwaterquality.org FAX [phone]
GAWPDATA\DEMWQ\Buncombe\401 s\ChimneyLaurel-081000\(08-1000)401APPROVAL.doc
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Darlene Flynn
Page 2 of 2
August 12, 2008:
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River Basin and HUC Number
Stream 299 (feet) French Broad 06010105
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Aheville Regional Office at 828-296-4500.
Sincerely,
U Coleen H. Sullins, Director
Enclosures: GC 3705
Certificate of Completion
cc: 401/Wetland Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
Central Files
Clear Water Environmental Consultants
Darlene Flynn
9107 Del Prado Dr.
Palos Hills, IL. 60465