20180066 Ver 1_Approval Letter_20201207

DocuSign Envelope ID: 6FDB7D11-5F34-4270-AFD3-A3319DF9CD78
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 4, 2020
DWR # 18-0066
Buncombe County
Resource Environmental Solutions (RES)
Attn: Matt Butler
3600 Glenwood Avenue
Raleigh, North Carolina 27612
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Dead Oak Mitigation Site
Dear Mr. Butler:
You have our approval for the impacts listed below for the purpose described in your application dated
October 23, 2020, received by the Division of Water Resources (Division) October 23, 2020 and payment
received October 27, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4134. This certification is associated with the use of Nationwide Permit Number 27
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, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1
1,102 (linear feet)
0 (linear feet)
S2
30
0
S3
0
20
S4
0
230
S5
44
0
S6
1,223
0
S7
32
0
S8
28
0
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH c ROLINA
OepartmeM of Environmental Quality /`� 919.707.9000

DocuSign Envelope ID: 6FDB7D11-5F34-4270-AFD3-A3319DF9CD78
Dead Oak
DWR# 18-0066
Page 2 of 3
S9
637
0
S10
0
15
S11
306
0
S12
0
15
S13
462
0
S14
30
0
S15
0
20
S16
823
0
S17
37
0
S18
42
0
S19
0
490
Total
4,796
790
404/401 Wetlands
W1
0.001 (acres)
0 (acres)
W 2
0
0.015
W 3
0
0.003
W4
0
0.007
W 5
0.001
0
W 6
0
0.004
W7
0.030
0
W 8
0.001
0
W 9
0
0.006
W 10
0.001
0
W 11
0
0.007
Total
0.034
0.042
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 this Certification. 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 Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Central Regional Office within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Central Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not
represent an approval of credit yield for the project.

DocuSign Envelope ID: 6FDB7D11-5F34-4270-AFD3-A3319DF9CD78 Dead Oak
DWR# 18-0066
Page 3 of 3
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Erin Davis at 919-817-0360 or [e-mail] if you have any questions or concerns.
Sincerely,
DOCUSignn�eJd by:
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Steve Kichefski, USACE Asheville Regulatory Field Office
Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Andrew Moore, DWR Asheville RO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 180066_DeadOak(Buncombe)_401_approval_ltr. Dec.3.2020.docx