20160294 Ver 1_Approval Letter_20160426

WaterResources
ENVIRONMENTAL QUALITY
April 26, 2016
Meadowmont Homes Expansion — Phase 2
Attn: Jim Boyer
200 Tabernacle Road
Black Mountain, NC 28711
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secremry
S. JAY ZIMMERMAN
Director
DWR # 16-0294
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Meadowmont Homes Expansion — Phase 2
Dear Mr. Boyer:
You have our approval for the impacts listed below for the purpose described in your application
dated March 15, 2016, and received by the Division of Water Resources (Division) on March 23,
2016. These impacts are covered by the attached Water Quality General Certification Number
3890 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 39 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:
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)]
Type of Impact
Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream Impact
Impact S 1
46 (linear feet)
State of North Carolina Environmental Quality I Water Resources
2090 US Hwy 70 Swannanoa, North Carolina 28778
828 2964500

Meadowmont Homes Expansion — Phase 2
DWR# 16-0294 1�►;
401APPROVAL
Page 2 of 3 `s
2. This approval is for the purpose and design described in your application and additional
information provided. 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. [ 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 [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 0213.0211 (12), and GS 143 Article 21A]
4. You are required to provide one copy of the approved stormwater management plan
(SMP), including plan details, with proof of the Town of Black Mountain's approval.
The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617
Mail Service Center, Raleigh, NC 27699-1617) 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 the Town of Black Mountain. If the
SMP is modified in the future, then you shall provide one modified SMP with proof of
approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
5. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for bank stabilization.
[15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0211(21). Appropriate sediment and erosion
control practices must be used to meet this standard. [ 15A NCAC 02B .0211(21)]
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 [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OA14 filing fee is received in the OAH

Meadowmont Homes Expansion — Phase 2
DWR# 16-0294
401APPROVAL
Page 3 of 3
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 [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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1,601
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 Sup or
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Mike Dale, RLA — Altamont Environmental, Inc. (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G \WR\WQ\Buncombe\401s\Non-DOT\Meadowmont Homes Expansion Phase IWRVL 401 Meadowmont Homes 4 26 2016 docx