HomeMy WebLinkAbout20081704 Ver 1_Approval Letter_20081230\O?U. ,?QG
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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
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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