20150726 Ver 1_Approval Letter_20151013

North Carolina Department of Environmental Quality
Pat McCrory
Governor
G. Peter Jensen
21 Chestnut Hill Road
Black Mountain, North Carolina 28711
Donald R. van der Vaart
Secretary
October 13, 2015
DWR # 15 -0726
NOV- 2015 -CV -0004
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Jensen
Dear Mr. Jensen:
You have our approval for the impacts listed below for the purpose described in your application dated May
21, 2015, and received by the Division of Water Resources (Division) on July 11, 2015, with additional
information received on August 31, 2015 and September 11, 2015. These impacts are covered by the attached
Water Quality General Certification Number 3890 and the additional conditions listed below. This certification
is associated with the use of Nationwide Permit Number 29 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 certifications) 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
Impact S1 20 (linear feet)
Impact S2 20 (linear feet)
Impact S3 36 (linear feet)
Total 76 (linear feet)
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043
Internet: http: / /portal.ncdenr.org /web /wq /ws
An Equal Opportunity \Affirmative Action Employer

Jensen
DWR# 15 -0726
401 APPROVAL
Page 2 of 4
2. 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. 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)]
4. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet
this standard. [15A NCAC 02B .0200]
Any additional impacts to streams and /or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this subdivision will require a modification
of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A NCAC 02H .0501
and .0502]
6. All wetlands, streams, and surface waters that are not approved'for impacts and are located within 50
feet of the construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until the
project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
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 © and 15A NCAC
02H .0506 (b)(2) and (c)(2)]
8. Follow the recommendations stated in the North Carolina Wildlife Resources Commission comment
letter dated September 16, 2015 (attached).
9. The stream is a Class C Trout Waters. In order to protect downstream uses for Class C Trout Waters a
requirement of this Certification is that any additional work conducted within the stream may not
occur between the dates of January 1 through April 15. [15A NCAC 02H .0506 (b)(2) and 15A NCAC
0413 .0125]
10. Upon completion of each culvert site, please send upstream and downstream photographs to
document correct installation to the North Carolina Division of Water Resources Asheville Regional
Office, zan.pricePncdenr.Rov. [15A NCAC 02H .0506 (b)(2)]

Jensen
DWR# 15 -0726
401APPROVAL
Page 3 of 4
11. Please be aware that by having impacted streams without first applying for and securing the issuance .
of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative
Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the
Clean Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It
also states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations
and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00
per day for each violation. [15A NCAC 2H .0500]
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 1506 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.
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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601

Jensen
DWR# 15 -0726
401 APPROVAL
Page 4 of 4
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 @ncdenr.gov if you have any
questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
NCWRC Letter Dated September 16, 2015
Certificate of Completion
cc: 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)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ \Buncombe \401s \Non -DOT \Jensen -After the Fact \APRVL.Jensen.doc