HomeMy WebLinkAbout20180779 Ver 1_Approval Letter_20181004
North Carolina Department of Environmental Quality Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500
October 4, 2018
DWR# 18-0779
Buncombe County
Binome Property Corporation
Attn: Mr. Steve Woody
81 Thompson Street
Asheville, NC 28803
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Avadim Project
Dear Mr. Woody:
You have our approval for the impacts listed below for the purpose described in your
application dated June 6, 2018, received by the Division of Water Resources (Division) on June
6, 2018, with additional information received September 18, 2018. These impacts are covered
by the attached Water Quality General Certification Number 4139 and the additional conditions
listed below. This certification is associated with the use of Nationwide Permit Number 39 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)]
Avadim Project
DWR# 18-0779
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetlands
W1
W2
0.217 (acres)
0.049 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
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 and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the
noncompliance and its causes; the period of noncompliance, including exact dates and
times, if the noncompliance has not been corrected, the anticipated time compliance is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance. The Division may waive the written submission
requirement on a case-by-case basis.
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
5. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification.
The applicant will also be required to evaluate all acquired permits to assure that they
are consistent and all relative impacts are accounted for and shown on the construction
plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
Avadim Project
DWR# 18-0779
401 Approval
Page 3 of 4
6. Any additional impacts to streams and/or wetlands as a result of future roads,
buildings, driveways, utility lines or other development related activities within the
Black Mountain Center for Research and Technology Industrial Park may be considered
cumulative to impacts approved in this Certification and may require a modification of
this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC
02H .0501 and .0502]
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.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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
Avadim Project
DWR# 18-0779
401 Approval
Page 4 of 4
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 828-296-4662 or
zan.price@ncdenr.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 4139
Certificate of Completion
cc: Alan Moore – Nutter and Associates (via email)
Clay Mooney – Design Associates (via email)
Amanda Jones – USACE Asheville Regulatory Field Office (via email)
Andrea Leslie – NCWRC (via email)
DWR ARO 401 files
G:\WR\WQ\Buncombe\401s\Non-DOT\Avadim\20181004_Avadim_APPRVL.docx
North Carolina Department of Environmental Quality | Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500
WR Project No.: __________________ County: ____________________________________
Applicant: __________________________________________________________________________
Project Name: ______________________________________________________________________
Date of Issuance of 401 Water Quality Certification: ________________________________________
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant’s authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: ______________________________ Date:_________________________________
Agent’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: ______________________________ Date:_________________________________
If this project was designed by a Certified Professional
I, ____________________________________, as a duly registered Professional ___________ (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: ______________________________________ Registration No. ________________
Date ____________________