20130292 Ver 1_Approval Letter_20130502

EWA
NcD
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvada, III
Governor Director Secretary
May 2, 2013
Gated Communities of Asheville, LLC
2323 NE Marlberry Ln
Jensen Beach, FL 34957
Subject: 401 Water Quality Certification - Approval
Project Name: Thoms Estate
DWQ Project # 2013 -0292
Buncombe County
French Broad / Beaverdam Creek / 6 -82 / C
Dear Mr. Brittian:
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 0.058 acres of wetlands and 64 feet of stream
for the purpose of single family residential development at the subject property. 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 3890. This Certification allows
you to use Nationwide Permits 29 & 18 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, buffer and floodplain regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new 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. Hghway 70, Swannanoa, North Carolina 28778
Phone. 828 - 29645001 FAX: [phone]
Internet: www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
None Carolina
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Amount Approved nits
Plan Location or Reference
Stream
60 ft
S1
Stream
4 feet
S 1 Temporary
Location: 2090 U.S. Hghway 70, Swannanoa, North Carolina 28778
Phone. 828 - 29645001 FAX: [phone]
Internet: www ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
None Carolina
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Gated Communities of Asheville, LLC
May 2, 2013
Page 2 of 3
Wetlands
0.030 acres
W1
Wetlands
0.001 acres
W 1 Temporary
Wetlands
0.027 acres
W2
Wetlands
0.016 (acres)
W3
Wetlands
0.008 acres
W4
ADDMONAL CONDITIONS:
1. Monitoring benchmarks must be established for the restored stream channel. Cross sectional and
longitudinal measurements shall be conducted at the first year anniversary after completion of the work,
then every other year until year 5 (along with photo documentation). Reports shall be submitted (after
the end of each monitoring year) within 30 days of completion of each monitoring event. Monitoring
will be completed on years 1, 3, and 5. Both the ACOE and DWQ shall be notified if repairs are
necessary and the applicant / property owner will receive approval prior to implementation. Vegetation
assessments shall also be made and reported during this tune.
2. The final written stormwater management plan approval on letterhead from the reviewing local
government must be received by this Office before the impacts specified in this Certification occur per
Condition No. 12 in GC of No. 3890.
3. 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:
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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.
Compensatory
Mitigation Required
River and Sub -basin
Number
Wetlands
Up to 0.25 (acres)
French Broad
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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.

May 2, 2013.w....,,,, ,,. �.,..,.... .,.,
Page 3 of 3
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 Tim Fox in the Asheville Regional Office at (828)
296 -4664.
Sincerely,, /
for Charles Wakild, P.E., Director
CW/trf
Enc: GC3890
Certificate of Completion
cc: USACE "Asheville Regulatory Field Office
John Vilas — ENV -ECS, Inc.
McCray Coates — City of Asheville Stormwater Services
WBSCP Unit — Central Office
File Copy
S: \SWP \Buncombe \401s\Non- DOT\Thomas Estate\APRVL.401Thoms Estate.05.02.13.doc