20131191 Ver 1_Approval Letter_20140121

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Pat McCrory
Cavernar
Ingles Markets, Inc.
Attn: Mr. Randy Jameson
2913 US Highway 70 West
131ack Mountain, NC 28711
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January 21, 2014
Jnhn E, Skvarla, III
Secrefary
DWR # 13-1191
Henderson County
Subject: Approval of Individuaf 401 Water �uality Certification with Additional
Conditions
Ingles Store #77
USACE Action ID. No. SAW-2013-02251
Dear Mr. Randy lameson:
Attached hereto is a caqy pf Gertific�tic�n N�. �979 issued t� Mr. Randy James4n and Ingles
Markets, Inc., dated January 21, 2014. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
This ?p�roval and its �onditio!�s are final ar.d bindir.g �!nless contested. This Cert�fi�atinn can be
contested as provided in l�rticies 3 and 4 of Generai Statute 150�s by fiiing a written petition tor
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
wiYhin $ixty �6a) c�ier�dar days.
A petition form may be obtained from the OAH at http://www.ncoah.cam/ or by calling the
!�r�N �lerk's �fficP �t ��:i,yj 4:�5��-iiir:iil Yr�r inf��rr�ar��r�: �: �pi�itir�r� is r�c�n�irver�ra fi�e� �r��e�! t�r�
nri�in�i anci one (�.j c��?� aiong vv�#i� any ap�iir��ie C�AN fiiin� feP is rece�ved in xhe O�,H ��iring
�armai af�icE hr�urs (Mo �cGy t�ro�gh friday b�t�v�en 8:GOam anu S:OCpm, �xcluu��g of���;al
state h�iidays).
401 & Buffer Permitting Unit UneL,
1050 Mail Seivice Center, Raleigh, Norfh Carolina 27699-1650 �(�j tll�ar0�111�
Location: 512 N. Salisbury S(. Raleigh, North Carolina 2ie04
PP�one� 919�.H07-63001 FAX: [phone] Cust�mer Service: 1-877-623-6748 �� �q� `�
Inte�net www.ncwaterquality.erg

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 2 of 8
The petition may be faxed to the OAH at [phone], provided the original and one copy of
th� petiti�n along with any applicable OAH filing f�e is received by th� OAH within five (5)
business days fnllowing the faxed transrriission.
Mailing address for the OAH:
If sending via US Postal5ervice: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New F�ope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Kevin Barnett at 828-296-4500 or
kevin.barnett@ncdenr.�ov or Jennifer Burdettp at 919-807-6364 or
jennifer.burdetteC�?ncdenr,gov if you have any questions or concerns.
Sincerely,
P
�� � � �
�
Karen Higgins, Supervisor
4�1 � 8uff�r �er�nittin� Jnit
cc: Rebekah L. Newton, ClearWater Environmenta) Consultants, Inc., 224 South Grove
3�I�t'�t� Jl� f'� �"��ii���JUiiviiiC:', i�� �LUi�L
U�A�� Asheville REgU1�tv�y Fi��G Ot`iiC�
7��c� f��wers, EpA, Sam �1.��?�i �Qderal ti?nter, �l ��r�yth �tre�t S�/!i, Atlanta, G� �G��?,
L��,^JR aR0 %�01 files
DWR 401 & Buffer Permitting Unit
Filename: 1311911nglesStore#77(Henderson)_401_IP.docx

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATIOiV
CERTIFICATiO�V #3979 is issued in conformity with the requirements of Section 401, Pubiic Laws
92-560 and 95-217 of the United States ancl subject to Norii� Carolina'S Regulations in 15 NCAC
02H .0500, to Mr. Randy Jameson and Ingles Markets, Inc., who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on November 13, 2013, and by Public Notice issued by the U. S. Army Corps
of En�ineers and received by the Division on November 26, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and P� 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general canditions of the Certificatior are met. No other impacts are approved, including
incidental impacts.
Type of Impact Amount Approved ,4mount Approved
(units) (units)
Permanent Temporary
Stream 300 (linear feet) 0 (acres)
2. Com�ens�tory Ril�ti�ation
�Jiitigafion musfi be prnvideci for ri�e proposed im�acts as specified in ti�e tabie befow. "i he
Division has received an acceptance letter from the NC Ecosystem Enhancement Program
(EE�j ic� rrleef this mif.ig�tic�n requir�rri�r��. Ur�iii ihe EE� r�c:eives anci clear�s y�ur payrner��,
and proaf of paymer�t has beer� �rav�dtd tc this Office, nc impac�s spe�iiied in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
�t���f�C���(7�'S C1�YrTl�Yli �C(a ��'1� �.�� �CC1 ti�N�1: �'t1Z fC)I�C�41i�nQ�' tttJ�t"?��'(!4�'tC)C'y il�lj i��l;.if)11
1"��lllCPtl'l�lli:
Stream
��m�;�nsatary Mitiga�i�n
Required
300 (linear feet)
----------------------- ---
Rivei� arc� �ub-�asin
Number
French Broad/06010105

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 4 of 8
3. Stormwater ManaE�ment Plan
Yeu are required t� provide one ec�py of the approv�d SMP, including pl�n details dn full-
sized plan sheets, with proof of Hendersonville's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC
27699-1650) before any impacts authorized in this certification occur. After it is approved
and submitted to the Division, the SMP may not be modified without prior written
authorization from Hendersonviile. If the SMP is rnodified in the future, then you shail
provicie one modifie� SIV1P with proof of approval to the t�',NR 4t?1 & Buff2r Permitting Unit
prior to the commencement of the modifications.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. All construction activit�es, including the design, installation, ap2ration, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
5. Sediment a^d Erosior, Contro!
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance af the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, includin� contractor-owned or leased borrow pits
ass�ciat�d �vi�F ��� �r�ject.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
�n,�u!le�, operated, a;�u� rnainta6r��d in �cco; d�nce �rr:t!� the most :-�eEl�t V�t"SIO:� Cf
ti�e liiarth Carolinc� Surfcr�e ll/fining .M.anu.al.
c. Reclamation measures and implementation must comply with the reclamation in
uce�r��r�^ �ti�;th *he r���irerne�t� of the ���im�^.a:;�r ;��iFUt;�� ::cr�trc! E�ct un�
t�e M���irg act �� 1�'>1.
rz. ��ffic.ient mater�ai� r�q�ired for siabiiizaticn �n�;%or re,�air af er�s;�r, con*rol
rneas�re� and stor�����ter routing �nd treatm�r:t sh�li be �n site at �II times.

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 5 of 8
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exce�tions tQ this conditio� require applicatior. subrnittal to and �n�ritten a�proval �y the
Division. ff piacement of sediment and erosion control devices in wetlands and waters is
unavoidable, th�n desigr� and placement of temporary er•osion contr�i measur�s shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months nf ihe date that the Division of Energy, Mineral and Land Resources (DEMi.R) or
locally delegated prograrn has released the specitic area v��thin tye pr�ject.
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbirig cor�struction ac�ivities as stipulated in th� conditior�s of t'r►e permit. if yaur
project is covered by this permit, full compliance with permit conditions including the
erosian & sedirneniation contr�l plan, inspections and maintenance, self-rnc�nitoring, record
keeping and reporting requirements 'rs required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
htt : ortal.ncdenr.ar web w ws su n dessw#tab-w,
8. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Ap�roved best mana�ement practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
�ilat ii�di:iVEit(?ii'�I� C�Iii�C,�S UiiCUf't�U COiiCt'2fi2 �iiall iit)i i�e CIISCI'ia�$eu �o J�at�rs ot the sta�e
due to the potential for elevated pH and possible aquatic life/fish kills.
1�. Placement cfi �ulverts and Other Structures in �,N�ters und �,��etlan�s
Culverts required for this project shall be installed in such a manner that the original stream
j3i`ciiii�� dtc iVij� ui�:�iC'G diiu it'i d�{OZiJ fCi �t�ad$iC iiic i'iiGVC°iiicfi� Gii�"i�i��., �u�/v 'iiOvyS. EX15��f'i�
�ii �ail'1 Clirli�iiSlG�i� jli'1�;iUt�lii� ��1� CiOS� S�t;�iUii t�ii'ii�iiS�0i15, pdii.�l"ii dfiii ii7ii�ii:t,iC�iii�� j3f`O�iiEj
mL�st �? mai�tain?d a��vR ��� belo��r loca���ns �f ��C�1 CUi�J?!'�.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of waier and aquatic life.

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 6 of 8
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to a�equately accomrr�a�lat� high water or flood conditions. Additionally, when
roadways, causeways, c�r other fiil projects are constructed across FEMA-design�t�d
floodways or wetlands, openings such as c;�lverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The estabiishrrer�t of native, woody vegetation and other soft stream bank stabilization
techniques must'a� �sed v✓here practicable instead of rip rap or other �ank hardening
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
nzcessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
1�. All temporary pipes%culverts/riprap pads etc, shall be instailed in all streams as outiined in the
most recent editior of the North Carol;na Sediment and Erosion Contro! P!arning �nd Qesign
Manual so as not to restrict stream flow or cause dis-equilibrium.
13. Any riprap required for prc�per culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
constructian activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de-stabilization of the stream bed or banks
upstream or downstream of the area.
1�. �,n�,� � iprap u5�� ��r s�r�a�� stati�izat��r �na�i �e of a size �nd ci�rs��y� t� �rei��nt �� T� Ofi� bEins
carried off by wave, current action, or stream flows and consist of clean rock or masonry
ma±eria! fre� of �e�ris or t�x;� �c!lutar*s. REprap sha!! not �b� irsta!!e� �n the strear��ed
exce�t in c���lfic arP�s r�c���irPc! fo� uelar_fty contrc�l �nd tQ ensure infiegrity of b�r�k
stabilization measures.
2�. A c�;�-�irrc �N�i�c;:t;csr �� f::r�iliz�r t� r�. ����aa{�sh v��etat�c�r is ;�Il�v;re� ;r, c���tur��, d area�
inci�;c�ing ri�arian b.affers; h�t is restri�xed t� �� �lcser than �.i� f�e* frc�m ta� of bark o*
streams. fin�� fer±ilizer a�a�l�cation must corn�iy �niith �II othQr F�c�eral, StatP �n� Loc�i
regulations.

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 7 of 8
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and �rotective`b�!ffers within the project boundaries ir order to ass�re
compliance fior future wetiand, water and 'buffer impact. These mechanisms shail be put in
place at the time of reeording of the property, or of individual lots, whichev��° is app� opriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Unit website
at http://portal.ncdenr.or�/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.
Documentaiion of deed notifications shall be provided to the Division upon request.
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
18. Continuin� Compliance
Mr. Randy Jameson ar�d Ingles Market, Inc. shall conduct constructic,n activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with s�ction 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being vic�lat�c�, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying t�e Certif�cation,
the Division shall notify Mr. Randy Jameson and Ingles Market, Inc. and the U.S. Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr. Randy Jameson and Ingles Market, Inc. in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
19. This approval is far the purpose and desi�n described in yaur application and as described in
�I12 PGI331C Iv(iiiCl'. Tiie j�iail5 �iit� �j"leCliiCailOiiS �Oi' iiiS NiCiJ�Ci ai't' II�iCdi �Jt�i"�i�u �ji i"efiZC'eili,t
and are an enforceable part of the Certification. If you change your project, you must notify
tii2 �iVi�lOii alii yvu iiiaj/ �iE i��iiliE� i0 Sii�ii`lli a rew ap�licatior �a�kagz'v'vitii tilc
apprcpriate f�e. !f th� Nrcp�rty is s�lu', the new ownEr must be giv�n a cc�r �f this
Certification and is responsible for complying with all conditions. Any new owner must notify
! ' • _ i a L ,. . ' b' - - i�' ,- -'
�i�l� DIVi5ivi1 d�iu +�Cji,iC:Si: ir�i �,�iiiiii,ii�ivii �iE i�SU�u iii 1:ii�It' t�a�ii�.
%0. The ap�!�ca�t an�/�� az,th�riz�d ag�nt sha�l {?r�vi�e a c�mplete� �ert�fiiatE �f �'�m�leti�r
Fcrm to the DWR �:�J1 & S��f�r permitting Urit e.�ithir ten �ays ef proje�t ;,om�!etion
(available at: http://portal.ncdenr.ar�/web/wq/swp/ws/4�01/certsandpermits/apply/forms).
21. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.

Ingles Markets, Inc.
DWR# 13-1191
Individual Certification #3979
Page 8 of 8
This appraval to proceed with your proposed impacts or to conduct impacts to waters as
r�epicted ir� your applicatian shall expire uq4n �x�iration Qf th� 404 ar CAMA Permit. The
con�itions in effect on the date of issuance shaii remain in efife�i for the life of �the project,
regardless of the expiration date ofi this Certificat�an.
Non-compliance with or vio�ation of the conditions herein set forth may result in revocation of
this Certification and may also �esult in criminal and/or civil penalties.
This the 21st day �f January 2014
r �������Z/(�
G��Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH/jab
3979