20150377 Ver 1_Approval Letter_20150527

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
May 27, 2015
North Carolina Department of Agriculture and Consumer Services
Attn: Kent Yelverton
1001 Mail Service Center
Raleigh, NC 27699 -1001
Donald R. van der Vaart
Secretary
DWR # 15 -0377
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
NC Forest Service - Culvert Replacement
Dear Mr: Yelverton:
You have our approval for the impacts listed below for the purpose described in your application dated April
15, 2015, and received by the Division of Water Resources (Division) on April 17, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3883 and the, additional conditions listed
below. This certification is associated with the use of Nationwide Permit Number 3 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:
I. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)j
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
Impact S1
430 (linear feet)
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] \ FAX: [phone]
Internet: http:Hportal.ncdenr.org /web /wq /ws
An Equal Opportunity \Affirmative Action Employer

NC Forest Service — Culvert Replacement
DW R# 15 -0377
401APPR0VAL
Page 2 of 3
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 Certifications) and is responsible for complying with all conditions. [15A
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
permitee /contractor shall immediately contact the Division, 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 (800) 858 -0368.
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 026.0200 (3)(f),
and GS 143 Article 21A]
4. 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 stabilization. [15A NCAC 02H .0506
(b)(2) and (c)(2)]
5. This authorization exempts the Permittee from meeting the culvert burial condition in Condition #8
(Placement of Culverts and Other Structures in Waters and Wetlands) in the attached general
certification.
6. All necessary measures shall be taken to prevent direct contact between uncured concrete and waters
of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of
the state due to the potential for elevated pH and possible aquatic life /fish fills.
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
NC Forest Service — Culvert Replacement
DWR# 15 -0377
401APPROVAL
Page 3 of 3
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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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 Zan Price at (828) 296 -4662 or zan.price @ncdenr.gov if you have any
questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3883
Certificate of Completion
cc: R. Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
Tasha Alexander — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Buncombe \401s \Non- DOT\NC Forest Service - Culvert Replacement ( Sardis ) \APRVL.401NCFSCulvert052715.doc