20181446 Ver 1_Revised Approval Letter_20191118

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
City of Asheville
Attn: William C. Pierce, P.E.
Development Services Center
161 South Charlotte Street
Asheville, NC 28801
NORTH CAROLINA
Environmental Quality
November 18, 2019
DWR # 18-1446 V2
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
City of Asheville North Fork Waterline
Dear Mr. Pierce:
You have our approval for the impacts listed below for the purpose described in your application
dated October 25, 2018, and received by the Division of Water Resources (Division) on October
25, 2018, with additional information received on January 9, 2019 and November 15, 2019.
These impacts are covered by the attached Water Quality General Certification Number 4133
and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 12 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)]
NORTH CAROLINAD E Q��
D."—W a E.A. enbi Dwnb
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

City of Asheville North Fork Waterline
DWR# 18-1446 V2
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland Impact
Impact W 1
0.160(acres)
0.270(acres
Impact W2
0.002(acres)
0.003(acres)
Impact W3
0.001(acres)
0.001(acres
Impact W4
0.01(acres)
0.02(acres
Impact W5
0.002(acres)
Stream Impact
Impact S 1
45 linear feet
20 linear feet
Impact S2
40 linear feet
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/Authorization. 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) and is responsible for complying with all conditions. [I 5A
NCAC 02H .0507(d)(2)]
3. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A]
4. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)]
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. [ 15A NCAC 02B .0200]

City of Asheville North Fork Waterline
DWR# 18-1446 V2
401 Approval
Page 3 of 4
6. 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. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant 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.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [I 5A NCAC 02H .0506 (b)(2)]
8. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank and
wetland stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
9. Upon restoration of temporary impacts to wetlands, streams, and/or buffers, all restored
areas shall be monitored semi-annually for at least two years with photo documentation.
The monitoring may be extended up to another 3 years if the restoration sites have not
adequately recovered. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
10. All wetlands, streams, and surface waters 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in 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 [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 5:OOpm, excluding
official state holidays).

City of Asheville North Fork Waterline
DWR# 18-1446 V2
401 Approval
Page 4 of 4
The petition maybe 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:
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 DENR:
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 Kevin Mitchell at 828-296-4662 or
zan.pricenncdenn gov if you have any questions or concerns.
Sincerely,
/fan, Ki,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4133
Certificate of Completion
cc: Amanda Jones— USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
John Swaim — McGill Associates (via email)
Stan Aiken — DEMLR (via email)
DWR ARO 401 files
G:\WR\WQ\Buncombe\401s\Non-DOT\City of Asheville North Fork Waterline\20191118_COA North Fork Waterline_APPRV.docx