19980382 Ver 1_Approval Letter_20160613

Water Resources
ENVIRONMENTAL. QUALITY
June 13, 2016
WPB Poplar Ridge LLC
Attn: John Marshall
6800 Paragon Place
Richmond, VA 23230-1656
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 98-0382 V2
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Poplar Ridge Lot 126
Dear Mr. Marshall:
You have our approval for the impacts listed below for the purpose described in your
application dated April 15, 2016, and received by the Division of Water Resources (Division) on
April 22, 2016, with additional information received on May 4, 2016 and June 7, 2016. These
impacts are covered by the attached Water Quality General Certification Numbers 3885 and
3890 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 27 and 29 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 certifications) 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)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
30(linear feet)
Impact S2
262 (linear feet)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, North Carolina 28778
828 296 4500

Poplar Ridge Lot 126
DWR# 98-0382 V2
401 Approval
Page 2 of 4
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. The Division approves this low density development project and associated stormwater
management plan as depicted by the low density supplement form, plan sheets, and
calculations submitted on June 7, 2016, which are incorporated by reference and
specify an impervious surface area no greater than 24% and a stormwater drainage
system that consists primarily of vegetated conveyances. These documents are
enforceable by the Division and the following conditions apply:
a) A deed restriction shall be placed on the tract in order to limit the amount of
impervious surface area no greater than 24%.
b) This tract shall be held, transferred, sold, conveyed, developed and occupied subject
to the requirement that upon development of this tract, the current owner shall
develop a stormwater management plan approved by the Division if the total
impervious area resulting from development of the property is more than 24% of
the total area of the property.
c) This restriction contained herein shall be binding upon the owner's successors and
assigns, and shall be perpetual and run with the land until released or amended by a
release or amendment approved by the Division.
d) These documents shall be filed with the Register of Deeds, Buncombe County, North
Carolina.
e) If a compliance inspection reveals an impervious surface area of greater than 24%,
then you will be in violation of this Condition and required to comply with the
requirements of General Certification 3890.
f) Swale system maintenance requirements shall be in accordance with the agreement
signed by John Marshall - Managing Member of WPB Poplar Ridge, LLC on April 31,
2016. The O&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the BMP facility. The Division shall be notified promptly
of every transfer.
4. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H .0506 (b)(3)]

Poplar Ridge Lot 126
DWR# 98-0382 V2
401 Approval
Page 3 of 4
5. The turbidity standard of 10 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]
6. The permittee 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 © and 15A NCAC 02H .0506 (b)(2)
and (c)(2)]
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 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).
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 Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Poplar Ridge Lot 126
DWR# 98-0382 V2
401 Approval
Page 4 of 4
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
[e-mail] if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GCs 3885 and 3890
Certificate of Completion
cc: John Vilas — McGill Associates (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Ashley Rodgers — DEMLR (via email)
Mike Goodson — Buncombe County (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\Non-DOT\Poplar Ridge Lot 126\APRVL.Poplar Ridge Lot 126.docx