20130219 Ver 1_Approval Letter_20130411

A
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
April 11, 2013
Mr. Brent Detwiler
City of Hendersonville
305 Williams Street
Hendersonville, NC 28792
Subject: 401 Water Quality Certification - Approval
Hendersonville Sewer Line
DWQ Project # 13 -0219
Henderson County
FRB / Various/ C
Dear Mr. Detwiler:
John E. Skvada, III
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 5.39 acres of wetlands (4.9 acres temporary;
0.49 acres permanent) and 260 feet of streams (10 feet temporary; 250 feet permanent) for the purpose of sewer
line installation along various properties. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3884 & 3885. This Certification
allows you to use Nationwide Permits 12 & 13 when issued by the US Army Corps of Engineers ( USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control regulations.
This approval is for the purpose and design that you described in your application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296.45001 FAX: 828 - 299 -7043
Internet www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
N�orthCarolina
Naturally

Mr. Detwiler
April 11, 2013
Page 2 of 3
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
This certification is issued with the following additional specifications:
1. Conditional Approval
The Division of Water Quality understands that a plant survey is being required by the Army Corps of
Engineers via USF &WS comments. Should the impacts approved above (as specified in the application
dated February 28, 2013) be modified and/or increased, the City of Hendersonville will be required to re-
apply with the updated information and submit the appropriate fee.
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. Until the EEP receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the
following compensatory mitigation requirement:
Amount Approved nits
Plan Location or Reference
Stream
250 (feet) permanent -
Application — C.3.
stabilization
10 feet temporary
404 Wetlands
0.49 (acres) permanent
Application — C.2.
4.9 acres temporary
Attachement C)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
This certification is issued with the following additional specifications:
1. Conditional Approval
The Division of Water Quality understands that a plant survey is being required by the Army Corps of
Engineers via USF &WS comments. Should the impacts approved above (as specified in the application
dated February 28, 2013) be modified and/or increased, the City of Hendersonville will be required to re-
apply with the updated information and submit the appropriate fee.
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Ecosystem Enhancement Program (EEP) to meet this
mitigation requirement. Until the EEP receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the EEP to meet the
following compensatory mitigation requirement:
3. Re- vegetation Plan for Temporary Impacts
The temporary forested wetland impacts shall be re- vegetated in accordance with Appendix D of the
application. Photographs of the plantings shall be submitted upon completion and upon year 1 after
completion of planting.
4. Sewer System
The project shall comply with 15A NCAC 2T regarding minimum design criteria, and all other State,
Federal and local sewer system regulations.
Compensatory Mitigation
Required
River and Sub -basin
Number
Wetlands
0.49 acres
French Broad 06010105
3. Re- vegetation Plan for Temporary Impacts
The temporary forested wetland impacts shall be re- vegetated in accordance with Appendix D of the
application. Photographs of the plantings shall be submitted upon completion and upon year 1 after
completion of planting.
4. Sewer System
The project shall comply with 15A NCAC 2T regarding minimum design criteria, and all other State,
Federal and local sewer system regulations.

W. Detwiler
April 11, 2013
Page 3 of 3
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan Wilson in the Asheville Regional Office at
828 296 -4665 or [e-mail].-
Sincerely,
for Charles Wakild, P.E., Director
CW /saw
Enc: GC3884 and GC3885
Certificate of Completion
cc: USACE — Asheville Regulatory Field Office
NCWRC — Dave McHenry
WBSCP Unit — Central Office
Rebekah Newton, Clearwater Environmental Services
File Copy
S:\SWP\Henderson\401s\Non-DOT1 APRVL.Hville Sewer Line.4 2013.doc