20170761 Ver 1_Approval Letter_20170711

Water Resources
Environmental Quality
July 10, 2017
Cane Creek Vistas, LLC
Attn: Christopher Eller
54 Blue Heron Drive
Fletcher, NC 28732
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERM:AN
Director
DWR # 17-0761
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Lakewood Drive Residential Development
Dear Mr. Eller:
You have our approval for the impacts listed below for the purpose described in your application
dated June 14, 2017, and received by the Division of Water Resources (Division) on June 21,
2017. These impacts are covered by the attached Water Quality General Certification Number
4092 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 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 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
Stream Impact
Impact S 1
102 (linear feet)
Impact S2
32 (linear feet)
Wetland Impact
Impact W1
0.037 (acres)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. highway 70, Swannanoa, North Carolina 28778
828-296-4500

Lakewood Drive Residential Development
DWR# 17-0761
401 Approval
Page 2 of 4
2. This approval is for the purpose and design describedin 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 Certification(s) 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 02B .0211(12)]
5. 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 Resources, 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 02B .0211(12), and GS 143 Article 21A]
6. The permitee 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 (c) 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]

Lakewood Drive Residential Development
DWR# 17-0761
401 Approval
Page 3 of 4
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:
William F. Lane, 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 Kevin Mitchell at 828-296-4650 or
kevin.mitchellgncdenr. og_v if you have any questions or concerns.
Sincerely,
an Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Lakewood Drive Residential Development
DWR# 17-0761
401 Approval
Page 4 of 4
Enclosures: GC 4092
Certificate of Completion
cc: Amanda Jones — Wetlands - EPG (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
City of Asheville Stormwater (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR 401 and Buffer Permitting Unit (via email)
DWR ARO 401 files
G:\WR\WQ\Buncombe\401s\Non-DOT\Lakewood Drive Residential Development\APRVL.401 Lakewood Development 07.10.2017.docx