20160916 Ver 1_Approval Letter_20161028

PAT MCCRORY
Governor
N
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN
Director
October 28, 2016
DWR# 16-0916
Buncombe County
Lausch REI, LLC
Attn: Erin Lausch
518 Spencer Mull Road
Penrose, NC 28766
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Lausch S/D
Dear Ms. Lausch:
You have our approval for the impacts listed below for the purpose described in your
application dated September 19, 2016, and received by the Division of Water Resources
(Division) on September 21, 2016.These impacts are covered by the attached Water Quality
General Certification Numbers 3884 and 3890 and the additional conditions listed below. This
certification is associated with the use of Nationwide Permit Numbers 12 and 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:
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 35 (linear feet)
Impact S2 20 (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

Lausch S/D
DWR#16-0916
401 Approval
Page 2 of 4
Wetlands
Impact W1 0.097 (acres)
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. Stormwater Management Plan (SMP)Approval from the City of Asheville Required.
You are required to provide one copy of the approved SMP, including plan details, with
proof of the City of Asheville'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 City of Asheville. 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)]
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) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)] -
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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)]
7. 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 permittee/contractor shall immediately contact the
Division of Water Quality, 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 .0200 (3)(f), and GS 143 Article 21A]

Lausch S/D
DWR#16-0916
401 Approval
Page 3 of 4
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 1506 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 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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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

Lausch S/D
DWR#16-0916
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,
an Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3884 and 3890
Certificate of Completion
cc: Clement Riddle—ClearWater Environmental (via email)
William Elliott— USACE Asheville Regulatory Field Office (via email)
Andrea Leslie-NCWRC (via email)
City of Asheville Stormwater Services (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Buncombe\401s\Non-DOT\Lausch Subdivision\AML.Lausch SD 10.28.2016.docx