20170846 Ver 1_Approval Letter_20170921

Water Resources
Environmental Quality
September 21, 2017
David Wright
Foster Estates HOA President
114 Foster Estates Dr.
Asheville, NC 28806
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0846
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Foster Estates HOA
Dear Mr. Wright:
You have our approval for the impacts listed below for the purpose described in your application
dated July 6, 2017, and received by the Division of Water Resources (Division) on July 10, 2017
with additional information received on August 25, 2017. These impacts are covered by the
attached Water Quality General Certification Number 4085 and the additional conditions listed
below. This certification is associated with the use of Nationwide Permit Number 3 issued by
the U.S. Army Corps of Engineers. Please note that you should obtain 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, Nationwide 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
Open Water
Impact O1
0.04 (acres)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-2964500

Foster Estates HOA
DWR# 17-0846
401 Approval
Page 2 of 3
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
Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [I 5A 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 02B .0200 (3)(f), and GS 143 Article 21A]
4. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. [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 htW://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 8:00am 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 DEQ:

Foster Estates HOA
DWR# 17-0846
401 Approval
Page 3 of 3
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 Amy Annino at 828-296-4656 or
amy.anninokncdenr.gov if you have any questions or concerns.
Sincerely,
'b&r' N��z
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4085
Certificate of Completion
cc: William Elliot — USACE Asheville Regulatory Field Office (via email)
Stan Aiken — DEMLR (via email)
John Vilas — McGill Associates, P.A. (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Buncombe\401s\Non-DOT\Foster Estates HOA\APRVL.Foster Estates HOA. 09.21.17.docx