20141129 Ver 2_Approval Letter_20161024

PAT MCCRORY
a
Governor
DONALD R. VAN DER VAART
Secretary
Water Resources
ENVIRONMENTAL QUALITY
S. JAY ZIMMERMAN
Director
October 24, 2016
DWR# 14-1129 V2
Buncombe County
Serrus Creekside, LLC
Attn: Stephen Mudge and David Earley
2 David Keats Drive
Greenville, SC 29630
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Creekside Village
Dear Mr. Mudge and Mr. Earley:
You have our approval for the impacts listed below for the purpose described in your
application dated May 5, 2016, and received by the Division of Water Resources (Division) on
May 23, 2016, with subsequent information on June 24, 2016, August 10, 2016 and September
29, 2016. These 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 13 and 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 certification(s) or
general permit and the following additional conditions:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S.Hwy.70 1 Swannanoa,North Carolina 28778
828 296 4500

Creekside Village
DWR#14-1129-V2
401 Approval
Page 2 of 4
1. 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. [15A NCAC 02H..0506(b)
and/or (c)]
Type of Impact Amount Approved Amount Approved
(units) (units).
Permanent Temporary
Stream
Impact S3 40 (linear feet)
Impact S4 28 (linear feet)
Open Waters
Impact 01 0.35 (acres)
2. This approval is for the purpose and design described in your application and additional
information provided.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.[15A NCAC 02H .0507(d)(2)]
3. The area where sediment has accumulated behind the silt fence on the right -
streambank below the pond outfall must be stabilized per the memo dated September
23, 2016 provided by Atlas Environmental (attached) [15A NCAC 02H .0506 (b)(3)].
4. The Stormwater Management Plan (SMP) approved by Buncombe County 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 (1617
Mail Service Center, Raleigh, NC 27699-1617) prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
in receiving waters 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]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]

Creekside Village
DWR#14-1129-V2
401 Approval
Page 3 of 4
I
7. 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, between the hours of 8 am to 5,pm at the Asheville Regional 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]
8. 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)]
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 [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 5:00pm, 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: 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

Creekside Village
DWR#14-1129-V2
401 Approval
Page 4 of 4
One (1) copy of the petition must also be served to DENR:
John Evans, 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 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 3885 and 3890
Atlas Environmental Memo,September 23, 2016
Certificate of Completion
cc: Jennifer Robertson—Atlas Environmental (via email)
William Elliot—USACE Asheville Regulatory Field Office (via email)
Doug Sharp-Buncombe County Erosion Control (via email) -
Andrea Leslie—NCWRC(via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G:\WR\WQ\Buncombe\401s\Non-DOT\Creekside Village\Version 2\APRVL.Creekside VillageV2.docx