20241255 Ver 1_Approval Letter_20241028

Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 28, 2024
DWR #20241255
Henderson County
Livingston Farms Homeowners Association
Attn: Jane Fuqua
45 Lotus Place
Asheville, NC 28804
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Souther Sidewalk
USACE Action ID. No. SAW-2024-01755
Location: 35.434080,-82.459790
Dear Ms. Fuqua:
Attached hereto is a copy of Certification No. WQC007298 issued to Jane Fuqua and Livingston Farms HOA
dated October 28, 2024. This approval is for the purpose and design described in your application.
This Water Quality Certification does not relieve the Permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
Upon the presentation of proper credentials, the Division of Water Resources (Division) may inspect the
property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit that is current at the time this Certification is issued. The conditions shall remain in
effect for the life of the project, regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 5wannanoa, North Carolina 28778
IrfJRTH CAHOiINA
828,296,4500

Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 2 of 9
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the Permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S. 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Tyler Hickman at 828-296-4651 or [e-mail] if you have any
questions or concerns.
Sincerely,
IW//{{DocuSigned by:
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Andrew W. Moore, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
Electronic cc: Andrew Bick, Headwaters Engineering
Joey Winston, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
Kelly Williams, DMS
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20241028SoutherSidewalk APPRVL.docx
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NCan+ CAflMNA
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Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007298 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Jane Fuqua and Livingston Farms Homeowners Association, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on September 25, 2024 and subsequent information on October 11,
2024, and by Public Notice issued by the Division on September 20, 2024, and within the Reasonable
Period of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Perennial Streams
S1: Culvert
30 linear feet
0 linear feet
0 credits
S2: Stream Relocation
90 linear feet
0 linear feet
0 credits
Totals:
120 linear feet
0 linear feet
0 credits
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The plans and specifications for this project are incorporated by reference as part of this Water
Quality 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 Permittee shall provide the new owner must with a copy of this
Water Quality Certification and all plans and specifications incorporated by reference. The
Permittee may transfer this Water Quality Certification to the new owner by submitting a letter
to the Division with the following statement: "At the time the property is transferred, the terms
and conditions of this 401 Individual Water Quality Certification, including the responsibility to
ensure compliance, are binding on the new owner(s) of the property." The letter shall be signed
and dated by both the transferee and the new owner.
Citation: 15A NCAC 02H .0507(d)(2)
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NCATN CAflMNA
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Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 4 of 9
2. The Permittee shall report to the DWR Asheville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. 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
non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Carolina Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
Noan+caaouNa
okwrkr.mmFnmo tp'aoa1"V 828,296,4500

Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 5 of 9
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping, and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
10. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches, and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
DE Q � North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
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Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 6 of 9
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g., rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR thirty (30) calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall 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 establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
12. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
13. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within sixty (60) calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade, including
each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed
profile. All temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
Noan+caaouNa
DkrkrwmofFA u tphQu.iia 828,296,4500

Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 7 of 9
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
19. In accordance with 143-215.85(b), the Permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S. 143-215.85(b)
DE Q .;;A -
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
Noan+caaouNa
okwrkr.mmFnmo tp'aoa1"V 828,296,4500

Docusign Envelope ID: 6A034D47-29E5-43D1-A3A3-C8329B620F1A
Souther Sidewalk
DWR #20241255
Individual Certification #WQC007298
Page 8 of 9
20. The Permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
21. The Permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
22. This Water Quality Certification neither grants nor affirms any property right, license, or
privilege in any lands or waters, or any right of use in any waters. This Water Quality
Certification does not authorize any person to interfere with the riparian rights, littoral rights, or
water use rights of any other person and does not create any prescriptive right or any right of
priority regarding any usage of water. This Water Quality Certification shall not be interposed as
a defense in any action respecting the determination of riparian or littoral rights or other rights
to water use. No consumptive user is deemed by virtue of this Water Quality Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit that is current at the time this Certification is issued. The conditions shall remain in
effect for the life of the project, regardless of the expiration date of this Water Quality Certification.
This, the 28th day of October 2024
I4-
DocuSigned by:
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5C147F587AE9400...
Andrew W. Moore, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-ARO
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
Noan+caaouNa
okwrkr.m of Fnm—tp' aoa1"V 828,296,4500