20180732 Ver 1_Approval Letter_20180717

Water Resources
Environmental Quality
July 17, 2018
City of Hendersonville
Attn: Mr. Brent Detwiler
305 Williams Street
Hendersonville, NC 28792
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR# 18-0732
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Multi -Area Streambank Restoration Project — Patton Park Site (Site Q1G)
Dear Mr. Detwiler:
You have our approval for the impacts listed below for the purpose described in your
application dated May 14, 2018, received by the Division of Water Resources (Division) on May
24, 2018, with payment received June 1, 2018, and additional information received June 25 and
July 9, 2018. These impacts are covered by the attached Water Quality General Certification
Number 4134 and the additional conditions listed below. This certification is associated with
the use of Nationwide Permit Number 27 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 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. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Multi -Area Streambank Restoration Project — Patton Park Site (Site Q1G)
DWR# 18-0732
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
437 (feet)
S2
1,133 (feet)
Open Water
01
0.25 (acres)
2. The applicant shall have title to the property, or otherwise secure authorization from
the property owners on which work has been proposed, including any encroachment
agreement from the NCDOT, if applicable, prior to commencing any construction
activities associated with this certification. [15A NCAC 02H .0502(f)]
3. Visual monitoring of the project shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever is longer), and then annually until the site
is stable (particularly after storm events) and vegetation is successful. Any failures of
structures, stream banks, or vegetation may require future repairs or replacement,
which requires coordination with the Asheville Regional Office to ensure the stability
and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2)
and (b)(3)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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 [phone] 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:OOam and S:OOpm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], 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:

Multi -Area Streambank Restoration Project — Patton Park Site (Site Q1G)
DWR# 18-0732
401 Approval
Page 3 of 3
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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
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 Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
' %i Nu,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4134
Certificate of Completion
cc: Scott Gregory—Wildlands Engineering, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
G:\WR\WQ\Henderson\401s\Non-DOT\Multi-Area Streambank Restoration Project\Patton Park Site
(Q1G)\20180717_Patton ParkSite_APPRV. docx