20140123 Ver 1_Approval Letter_20140321

A &4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
March 21, 2014
DWR # 14 -0123
Buncombe County
Hathaway Development Partners, LLC
Attn: Nick Hathaway
5901 -C Peachtree Dunwoody Road, Suite 125
Atlanta Georgia 30328
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
PROJECT NAME: Ansley at Roberts Lake
Dear Mr. Hathaway:
In accordance with your application dated February 6, 2014 received on February 18, 2014, approval has been
-granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Numbers 3885 and 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 27 and
29 once it is issued to you by"the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Stormwater
regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general conditions of the
Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental
impacts.
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] FAX: 828 - 299 -7043
Internet http : / /portal.nodenr.org/weblwq/ws
An Equal Opportunity 1 Affirmative Action Employer

Ansley at Roberts Lake
March 21, 2014
Page 2 of 3
Type of Impact
Amount Approved
Amount Approved
Permanent
Temporary
Stream
145 (linear feet)
(linear feet)
Impact #2 120 ft.
Impact #5 25 ft.
Wetlands
0.07 (acres)
(acres)
Open Waters
1.49 (acres)
(acres)
Impact #3 1.42 acres
Impact #4 0.07 acres
ADDITIONAL CONDITIONS
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.
2. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first
year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly
after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation
may require future repairs 'or replacement, which requires coordination with the Asheville Regional
Office to ensure the stability and water quality of the stream and downstream waters.
3. The SMP approved by Buncombe County on February 25, 2014 meets the requirements of the 401
Certification Program. The SMP may not be modified without prior written authorization from
Buncombe County. A copy of the approval letter and the modified SMP shall be submitted to the DWR
401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) prior to the
commencement of the modifications.
4. The designer shall supervise the installation of in- stream structures.
This approval and its conditions are final and binding unless contested.
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 (919) 431 -3000 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 (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAR filing fee is received by the OAH within five (5) business days following the
faxed transmission.
V

Ansley at Roberts Lake
March 21, 2014
Page 3 of 3
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:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.foxgncdenr.gov if you have any questions or
concerns.
Sincerely,
C
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885 & 3890
Certificate of Completion
cc: Andrew Bick PE — Confluence Engineering (via email)
Clement Riddle — Clearwater (via email)
Tasha McCormick - USACE Asheville Regulatory Field Office (via email)
Mike Goodson PE — Buncombe County Stormwater Services (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\ WR\ WQ\Buncombe \401s\Non- DOT\Ansley at Roberts Lake (Hathaway Apartments)\ APRVL. 401AnsleyatRobertsLake .03- 21- 14.doc