HomeMy WebLinkAbout20180063 Ver 1_Approval Letter_20190506ROY COOPER
Governor
MICHAEL S.REGAN
Secretory
LINDA CULPEPPER
Director
Resource Environmental Solutions
Attn: Brad Breslow
302 Jefferson Street, Suite 110
Raleigh, NC 27605
NORTH C: iiOLINA
Engronmentai Quality
May 6, 2019
DWR # 18-0063
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Carolina Bison
Dear Mr. Breslow:
You have our approval for the impacts listed below for the purpose described in your
application dated March 26, 2019, received by the Division of Water Resources March 26,
2019, with subsequent information (fee) on April 3, 2019. These impacts are covered by
the attached Water Quality General Certification Number 4134 and the 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, and Water
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
D_E �� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
��^+�� 919.707.9000
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
1,004 linear feet
0 linear feet
S2
14
0
S3
35
0
S4
254
0
S5
24
0
S6
0
16
S7
894
0
S8
0
21
S9
937
0
S10
1,515
0
S11
0
9
S12
14
0
S13
30
0
Total
4,721
46
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(s)/Permit/Authorization and is responsible for complying
with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The issuance of the 401 Water Quality Certification for the restoration and/or
enhancement project does not represent an approval of credit yield for the project.
[15A NCAC 02H .0500(h)]
4. You have our approval for your proposed final stream enhancement or restoration
plan. The stream restoration and/or enhancement must be constructed, maintained,
and monitored according to the plans approved by this Office and this Certificate of
Coverage. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the
repairs or adjustments. [15A NCAC 02H .0506(h)]
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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or mac.haupt(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Steve Kichefski, USACE Asheville Regulatory Field Office (via email)
Zan Price, DWR Asheville Regional Office 401 file (via email)
DWR 401 &Buffer Permitting Branch file
Filename: 180063CarolinaBison(Buncombe) 401 approval Itr.May 6, 2019.docx