20150942 Ver 1_Approval Letter_20151007

Pat McCrory
Governor
North Carolina Department of Environmental Quality r �1711
110LLI L-61-A
Donald R. van der Vaart
Secretary
October 7, 2015
DWR # 15 -0942
Buncombe County
Howland House, LLC
gill Engel
2 Howland Road
Asheville, North Carolina 28804
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
2 Howland Road Stream Stabilization /Restoration, UT to Reed Creek
Dear Mr. Engel:
You have our approval for the impacts listed below for the purpose described in your application dated
September 4, 2015, and received by the Division of Water Resources (Division) on September 10, 2015. These
impacts are covered by the attached`Water Quality General Certification Number 3885 and the additional
conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 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, 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 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
Streams 1
Impact Sl 225 (linear feet) 1
2. This approval is for the purpose and design described,in your application. The plains 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 maybe 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
Division of Water Resources — Asheville Regional Office
2090 Us Hwy 70, Swannanoa, NC 28778
Phone: [phone] \ FAX: 828 - 299 -7043
Internet: http: / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity\ Affirmative Action Employer

2 Howland Road, Stream Stabilization /Restoration
DWR# 15 -0942
401 APPROVAL'
Page 2 of 3
approval letter and General Certifications) and is responsible for complying with all conditions. [15A .
NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in- stream structures. [15A NCAC 02H
.0505(b)(2)]
4. Visual monitoring of the 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. [15A NCAC 02H
.0506(b)(2) and (b)(3)]
5: Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)]
6. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded downstream
as described in 15 A NCAC 0213.0200. Appropriate sediment and erosion control practices must be
used to meet this standard. [15A NCAC 02B .0200]
7. The permittee shall require its contractors and /or agents to comply with the terms and conditions of .
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and /or agents associated with the construction or maintenance of this project with a copy
of this Certification. A copy of this Certification, including all conditions. shall be available at the project
site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)]
8. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(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 15013 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 OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.

2 Howland Road, Stream Stabilization /Restoration
DWR# 15 -0942
401 APPROVAL
Page 3 of 3
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714' Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, 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 Zan Price at 828 -296 -4662 or zan.Price(a7ncdenr.Rov if you have any
questions or concerns:
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Joel LeA — ,Quible & Associates (via email)
Tasha Alexander — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie - NCWRC (via email)
Stan Aiken Division of Energy, Mineral, and Land Resources (via email)
Marcus Barksdale — City of Asheville (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Buncombe \401s \Non -DOT \2 Howland Road Stream Stabilization \APRVL.2 Howland Rd Stream Restoration.10- 07- 15.doc