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HomeMy WebLinkAbout20081704 Ver 1_Approval Letter_20081230\O?U. ,?QG 0 liiiw?ww*40W `C December 30, 2008 Elizabeth Teague Planning Director Town of Black Mountain 106 Montreat Road Black Mountain, North Carolina 28721 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: 401 Water Quality Certification - Approval Black Mountain Greenway Trail DWQ Project # 08-1704 Buncombe County FRB02 / Swannanoa River / 6-78 / C / 303D listed Dear Ms. Teague: The DWQ has completed the review of your 401 Water Quality Certification application associated with the subject project listed above. Approval has been granted to impact 100 feet of stream for the purpose of constructing a greenway trail boardwalk; including, removal of an abandoned sanitary sewer line and stream channel improvements such as rubble removal and cross-vane installation. This approval requires you to follow the conditions listed in the attached Certification and any additional conditions listed below. Project impacts are covered by General Water Quality Certification Numbers 3705. This Certification allow you to use Nationwide Permits 18 when issued by the US Army Corps of Engineers (USACE). 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 corresponding USACE General Permit Verification. 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 and NPDES construction stormwater regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and may be required to submit a new application. Ny thCarolina Aoawally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.mcwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper LaV-11 11.0.f'j- Page 2 of 2 December 30, 2008 Impacts Approved 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 100 (feet) Sheet C-101 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. 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 your application by the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office at 828-296-4664. Sincerely, Coleen H. ullins, Director CHSlcbc Enc: GC 3705 Certificate of Completion cc: J. P. Johns - McGill Associates USACE Asheville Regulatory Field Office Wildlife Resources Commission - David McHenry 401 Permitting Unit - Central Office File Copy Filename: G:\WPDATA\DEMWQ\Buncombe\401s\BlackMountainGreenway\08-1704_Approval_12-29-08.doc