20160012 Ver 1_Approval Letter_20160210

WaterResources
ENVIRONMENTAL QUALITY
February 10, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Leslie Carreiro, Division Manager Water Production/Water Quality
City of Asheville
PO Box 7148
Asheville, North Carolina 28802
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0012
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Bee Tree Creek Slope Stabilization
Dear Ms. Carreiro:
You have our approval for the impacts listed below for the purpose described in your
application dated December 28, 2015, and received by the Division of Water Resources
(Division) on December 31, 2015, with additional information received February 9, 2016. 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)]
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, North Carolina 28778
828 296 4500

Bee Tree Creek Slope Stabilization
DWR# 16-0012
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
10 linear feet
Impact S2
50 linear feet
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. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
4. 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, streambanks, 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. The permittee shall ensure that mature trees within the buffer areas will be protected
as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)]
6. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing. [15A NCAC 02H .0506(b)(2)]
7. 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) and (c)(3) and 15A NCAC 026 .0200 (3)(f)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Asheville Regional

Bee Tree Creek Slope Stabilization
DWR# 16-0012
401 Approval
Page 3 of 4
Office at 828.296.4500 and after hours and on weekends call [phone],
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 0213 .0200 (3)(f), and GS 143 Article 21A]
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 1508 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 [phone] 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:OOam and S:OOpm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], 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

Bee Tree Creek Slope Stabilization
DWR# 16-0012
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
[e-mail] if you have any questions or concerns.
Sincerely,
an Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: John Vilas — McGill Associates (via email)
William Elliot — 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\Bee Tree Creek Slope Stabilization\APRVL.Bee Tree Slope Stabilization.docx