20160593 Ver 1_Approval Letter_20160622

WaterResources
ENVIRONMENTAL QUALITY
June 22, 2016
City of Asheville
Attn: Vinnie Sullivan
PO Box 7148
Asheville, NC 28802
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0593
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Town Branch Greenway
Dear Mr. Sullivan:
You have our approval for the impacts listed below for the purpose described in your
application dated May 27, 2016, and received by the Division of Water Resources (Division) on
May 31, 2016. 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 42 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
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact S1
Impact S2
49 (linear feet)
28 (linear feet)
Wetlands
Impact W1
0.08 (acres)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, North Carolina 28778
828 296 4500

Town.Branch Greenway
DWR# 16-0593
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. Stormwater Management Plan (SMP) Approval from the City of Asheville Required.
You are required to provide an electronic copy of the approved SMP, including plan
details, with proof of the City of Asheville's approval. The approved SMP shall be
submitted to Cory Larsen, PE of the DWR 401 & Buffer Permitting Branch
([e-mail]) before any impacts authorized in this certification occur.
After it is approved and submitted to the Division, the SMP may not be modified
without prior written authorization from the City of Asheville. If modified, an electronic
copy of the approval letter and the modified SMP shall again be submitted to the DWR
401 and Buffer Permitting Branch (at the email address above) prior to commencement
of the modifications. [15A NCAC 02H .0506(b)(5)]
4. 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)]
5. The turbidity standard of 50 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]
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. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]
8. 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

Town Branch Greenway
DWR# 16-0593
401 Approval
Page 3 of 4
maintenance of this project. [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2)
and (c)(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 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 5: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

Town Branch Greenway
DWR# 16-0593
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,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Jake McClean — Wildlands Engineering (via email)
William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — DEMLR (via email)
DWR ARO 401 files
DWR 401 and'Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\Non-DOT\Town Branch Greenway\APRVL.Town Branch Greenway.docx