20150621 Ver 2_Approval Letter_20161004

Water Resources
ENVIRONMENTAL QUALITY
October 4, 2016
Carl Morrison
254 Pearson Drive
Asheville, NC 28801
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-0621 V2
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Morrison Farms
Dear Mr. Morrison:
You have our approval for the impacts listed below for the purpose described in your
application dated August 29, 2016, and received by the Division of Water Resources (Division)
on September 1, 2016, with additional information received on September 29, 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 18 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:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, North Carolina 28778
828 296 4500

Morrison Farms
DWR# 15-0621 V2
401 Approval
Page 2 of 4
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
Wetlands
Impact W1
0.004 (acres)
Impact W2
0.05 (acres)
Streams
Impact S1
20(linear feet)
Impact S2
22 (linear feet)
Impact S3
15 (linear feet)
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. Stormwater Management Plan Approved bV the Division as Low Density Protect
The Division approves this project as a low density development with impervious
surface area of under 24% and a stormwater drainage system that consists primarily
sheet flow across vegetated surfaces. The following conditions apply:
Non -Erosive Discharge to Streams and Wetlands. Stormwater. conveyances that
discharge to streams and wetlands must discharge at a non-erosive velocity prior
to entering the stream or wetland during the peak flow from the ten-year storm.
ii. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained
adjacent to streams, rivers and tidal waters in areas that are not subject to a state
Riparian Area Protection Rule or other more stringent vegetated setback
requirements. The width of the setback shall be measured horizontally from the
normal pool elevation of impounded structures, the top -of -bank of streams and
rivers, and the mean high waterline of tidal waters, perpendicular to shoreline.
Vegetated setback and filters required by state rules or local governments may be
met concurrently with this requirement and may contain coastal, isolated or 404
jurisdictional wetlands. Non -jurisdictional portions of the vegetated setback may
be cleared and graded, but must be planted with and maintained in grass or other
vegetative or plant material.

Morrison Farms
DWR# 15-0621 V2
401 Approval
Page 3 of 4
iii. Vegetated Conveyances Only. The project must not include a stormwater
collection system (such as piped conveyances) as defined in 15A NCAC 02B
.0202(60). 2. All stormwater runoff from the built upon areas is transported
primarily via vegetated conveyances.
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)]
5. The turbidity standard of 50 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 maybe 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 S: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
Morrison Farms
DWR# 15-0621 V2
401 Approval
Page 4 of 4
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
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: 3890
Certificate of Completion
cc: Danvey Walsh — Equinox Environmental, Inc (via email)
William Elliot — 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\Morrison Farms\Version 2\APRVL.Morrison Farms.docx