20160916 Ver 2_401 Application_20170217

CLearWaLer
C1earWater Environmental Consultants, Inc.
February 17, 2017 www.cwenv.com
Mr. William Elliott
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Karen Higgins
NC DWR, 401 & Buffer Permitting Unit
512 N. Salisbury Street, 91h Floor
Raleigh, North Carolina 27604
o C C�C�D�IC D
FB 2 1 2017
DEQ -WATER RESOURCE
401 & BUFFER PERMITTING
RE: Request to Modify Corps 404 Permit and DWR 401 Certification
Lausch Subdivision
Lausch REI, LLC
Buncombe County, North Carolina
Action ID SAW -2016-02059; DWQ Project #16-0916
Mr. Elliott and Ms. Higgins,
Please reference the US Army Corps of Engineers 404 Nationwide Verification dated
November 22, 2016 (Attachment A) and the NC Division of Water Resources 401 Water
Quality Certification dated October 28, 2016 (Attachment B) associated with the Lausch
Subdivision owned by Lausch REI, LLC and represented by Ms. Erin Lausch. The 404
Nationwide Verification and the 401 Water Quality Certification authorized 35 linear feet
of permanent stream impacts, 20 linear feet of temporary stream impacts, and 0.097 acres
of permanent wetland impacts associated with infrastructural development at the site.
The permittee requests to modify the 404 Nationwide Verification and 401 Water Quality
Certification as follows.
Modification to Site Plan and Impacts
Road Crossing - The previously approved plan included 35 linear feet of permanent
stream impacts for a culvert crossing located within the southern portion of the
subdivision's main road. This crossing provides access to two upland lots and has not
been constructed. The permittee requests a revised total of 105 linear feet of permanent
stream impacts. (Figure 1.1 and Figure 1.2).
The requested modification is necessary to meet the City of Asheville's request to widen
the road from 14 feet to 20 feet. The road bed also needs to be elevated to provide
enough room to safely install the sewer over the road culvert and under the road bed.
32 Clayton Street
Asheville, NC 28801
82.8-5989800 Tel.

Mr. William Elliott
2/17/17
Page 2 of 2
Elevating and widening the road will also require appropriate transition slopes on both
sides of the roadway.
Utility Crossin; – The previously approved plan included 20 linear feet of temporary
stream impacts for the installation of a sewer line that would connect to an existing
municipal line. This utility crossing has not been installed at the site. The proposed
crossing remains unchanged (Figure 1.2).
Wetland Fill – The previously approved plan included 0.097 acres of permanent wetland
impacts associated with road construction. Fill has not been placed within the wetland.
The proposed wetland impact remains unchanged (Figure 1.2).
Modification to the Mitigation Plan
As approved, the Lausch Subdivision project did not require mitigation. Likewise, the
proposed modification does not exceed permitting thresholds, and total impacts at the site
would not require mitigation.
The applicant respectfully requests that the 404 Nationwide Verification and the 401
Water Quality Certification be modified to reflect the above changes. Should you have
any questions or comments concerning this project please do not hesitate to contact me at
828-698-9800.
Sincerely,
�'
u.
Xaylie A. Yank
Biologist
Cc: NC Division of Water Resources – Zan Price
R ^'—.6
R. ClekentRiddle, P.W.S.
Principal

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PROJECT INFO
1. PIN: 9658-06-1775 AND 9658-06-0559
2. SIZE: 1.85 ACRES
3. ZONING: RM6
4. ADDRESS: 149 AURORA DRIVE
5. DEVELOPER: LAUSCH REI, LLC
CONTACT: ERIN LAUSCH
PHONE: [phone]
ADDRESS: 518 SPENCER MULL ROAD, PENROSE. NC 28766
6. SURVEYOR: BROOKS ENGINEERING ASSOCIATES
7. ENGINEER: JOHN KINNIARD, PE - BROOKS ENGINEERING
ASSOCIATES
DEMOLITION NOTES
A. CONTRACTOR TO ACOUIRE ALL NECESSARY PERMITS FOR
DEMOLITION OF BUILDINGS AND EXISTING SITE
IMPROVEMENTS, NO WORK SHALL COMMENCE UNTIL THE
PROPER PERMITS HAVE BE ACOUIRED.
B. CONTRACTOR SHALL NOTIFY APPROPRIATE UTILITY
LOCATION SERVICE FOR THIS AREA AND HAVE THE
EXISTING UTILITIES LOCATED PRIOR TO BEGINNING
WORK.
C. ALL DEMOLITION MATERIAL SHALL BE REMOVED FROM
THE SITE AND DISPOSED OF IN AN APPROVED FACILITY.
D. CONTRACTOR TO COORDINATE ANY UTILITY DEMOLITION
WITH THE APPROPRIATE UTILITY COMPANY AND DEMO
UTILITIES PER THEIR SPECIFICATIONS AND STANDARDS.
E. EXCESS EXCAVATION TO BE USED AT A LATER DATE
SHALL BE STOCKPILED ON-SITE AT A LOCATION TO BE
DETERMINED BY THE OWNER.
F. DEMO ITEMS AS THEY ARE APPROPRIATE DURING
CONSTRUCTION.
EXIST. CONDITIONS LEGEND
EXIST. BOUNDARY
EXIST. TREELINE
-------EXIST. RIGHT OF WAY
— — . — EXIST. BUILDING SETBACK
EXIST. EDGE OF PAVING
SD EXIST. MANHOLE
— EXIST. SANITARY SEWER
EXIST. SEWER EASEMENT
• — EXIST. WATER UNE
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Y1111-1 EXIST. FIRE HYDRANT
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DONIEL WINTER
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EL BERT & MARTHA JONES PB. 29, PG. 71 /
PIN: 9658-06-0844
DB. Bae, PC. 267 QEREK �� — /
PB. 10, PG. 5 / DB. 5404, PG. 88
PIN: 9648-96-6765,
PB. 156, PG..152
I/ PIN: 9648�96'-9749�
EXISTING STREAM TO BE IMPACTED
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PROJECT INFO
1. PIN: 9658-06-1775 AND 9658-06-0559
2. SIZE: 1.85 ACRES
3. ZONING: RM6
4. ADDRESS: 149 AURORA DRIVE
5. DEVELOPER: LAUSCH REI, LLC
CONTACT: ERIN LAUSCH
PHONE: [phone]
ADDRESS: 518 SPENCER MULL ROAD, PENROSE, NC 28766
6. SURVEYOR: BROOKS ENGINEERING ASSOCIATES
7. ENGINEER: JOHN KINNIARD, PE - BROOKS ENGINEERING
ASSOCIATES
NO CON r� AQUATIC LIFE PASSAGE CONDITIONS
NO CONSTRUCTION IN STREAM OR WETLAND UNTIL IMPACT PERMIT J .ASBEENBEEN OBTAINED. PERMITTING BEING COMPLETED BY CLEAR
WATER ENVIRONMENTAL INC.
SITE INFO
PINS: 9658-06-1775 AND 9658-06-0559
TOTAL ACREAGE: 1.85
ZONING: RM6
SETBACKS:
FRONT: 15 FEET
SIDE: 6 FEET
REAR: 15 FEET
MAXIMUM BUILDING HEIGHT: 27 FEET (2 STORIES)
PARKING REWIRED: NA
OPEN SPACE REWIRED: NA
SEE L-100 FOR TREE SAVE PLANTINGS
IMPERVIOUS AREA: 0.307 AC.
ELECTRICITY PROVIDED BY DUKE POWER
ANCHOR MAT .
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PIN: Sir
9648=969 / / / / / 48"HEADWALL / �V" �• 7 •, F / F.f; 20750'
INV.: 2066.60'
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LOT #4 FIFE: 2075.01
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Attachment A
404 Nationwide Verification
Dated November 22, 2016

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2016-02059 County: Buncombe USGS Quad: NC-ASHEVILLE
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Erin Lausch , Lausch, REI, LLC
Address: 518 Spencer Mull Road
Penrose, NC 28766
Telephone No.: 864-395-3827
Size and location of property (water body, road name/number, town, etc.): The project is located of_f
Aurora Drive in Buncombe County, Asheville, NC Coordinates: k.585530,42.531697
Description of projects area and activity: This permit authorizes excavation and placement of fill
material associated with Residential construction.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 10.12
Summary of Authorized Im acts and Required Mitigation
Open ter (ac.
Impact tD # NWP / Wa
GP # Temporary Permanent
Wetland (ac) Stream 1
Teniporary Permanent Temporary Permanent
I 18
0.097
2 12
35
3 12
20
Impact Torah
0.097 20 35
Total Loss of Waters of the U.S. (ac) 0.097
Total loss, of Waters of the U.S. (If) 1 35
Required Wetland
Miti ation (ac)
Required Stmam Mitigaition (if)
0
Additional Remarks and/or Special Permit Conditions
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted application and attached information dated SeDtemiser 21, 2016.
Any violation of the attached conditions or deviation from your submitted plans may subjeet the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
All comments/conditions of the attached North Carolina Wildlife Resources Commission letter
dated October 10, 2016 are hereby incorporated as special conditions of this permit. These
recommendations should be considered where practicable. *Culverts greater than 48 inches in
diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches or less
shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional
Condition 3.6 attached to this NWP.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or
is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of
the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within

twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: littp:Hportal.iicdeiir.orp-/web/"/s%vi)/ws/webscape
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvaWpermits.
If there are any questions regarding this verification, any of the conditio of the Permit, or the Corps of
Engineers regulatory program, please contact William Elliott a 8-271- 0.
Corps Regulatory Official William Elliott - Date: November 22, 2016
Expiration Date of Verification: March 17, 2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
hn:agr2.nwp.usace.army.mil/survey.htmI to complete the survey online.

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channel on the property or "is an unnamed tributary to Ross Creek which
flows into the French Broad -Holston River.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1915. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination Som the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will fmd a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM 15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submitan RFA form to the Division Office if yo do not object to the determination in this
correspondence.**
Corps Regulatory Official: _William Elliott

Issue Dale: November 22, 2016
Expiration Date: Five years from Issue Date
Copy Furnished:
Clement Riddle, CWEC, Inc., 32 Clayton Street, Asheville NC, 28801

Permit Number: SAW -2016-02059
Permit Type: NW 18, 12
Name of County: Buncombe
Name of Permittee: Erin Lausch , Lausch; REI, LLC
Date of Issuance: November 22, 2016
Project Manager: William Elliott
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the worm authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF AIWIN1STRATIVE APPEAL OPTIONS AND PROCESS AND
IZEQUEST FOR APPEAL,
Applicant: Erin Lausch , LAUSCII, REI, LLC
File Number: SAW-2016- Date: No,, cember 22,
02059 2016
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative aPpeal'of the above
decision. Additional information may be found at
htt ://-,Awvv.usace.army.mil/CECW/Pa es/re materials. as x or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your wort: is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: if you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF'CONTACT FOR QUESTIONS° OR INFORMA y�.
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room I OM 15
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1.0115, Atlanta, Georgia 30303-
8801. Phone: [phone]

Lausch Subdivision (+/- 2 AC)
Jurisdictional wetlands and waters identified on this map have been located
within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning
System (GPS) and the subsequent differential correction of that data. GPS'
points may demonstrate uncorrectable errors due to topography, vegetative
cover, and/or multipalh signal error.
Note: The illustrated welland and stream locations are approximate. These
areas have been flagged in the field; however, they have not been surveyed.
Although ClearWaler Environmental Consultants, Inc. (CEC) is confident in our }`
assessment, the US Army Corps of Engineers (Corps) Is the only agency that
can make final decisions regarding jurisdictional wetland and waters of the US
delineations. Therefore, all preliminary determinations are subject to change 't I
until written verification is obtained. CEC strongly recommends that written
verification be obtained from the Corps prior to closing on the property, 1 j
beginning any site work, or making any legal reliance on this determination.
This map was prepared by CEC using the best information available to CEC at
the time of production. This map is for informational purposes only and should
not be used to determine precise boundaries, roadways, property boundary
lines, nor legal descriptions. This map shall not be construed to be an official
survey of any data depicted."
Source Data: Topo is from Buncombe County. Project boundary is from Brooks
'. Engineering.
Potentially Jurisdictional Water
Welland (AC) 5, (LF)
W 1 0-30 SI 215 t '
S2 (Ress Creek) 371+
f
TNI 030 Total 65L–J
n t
a. ;Ytn
h. r
Project Boundary
Zr
Legend ra'
Data Form
Stream
Wetland
,
Contours'
0 50 100 200
Project Boundary'
Drawn by. KAY 6.6,16; CEC Proje-'tir 866 ' a ( f
eet
�1earWater Stream & Wetland
Buncombe County, Delineation Map
North Carolina 32 Clayton Street Delineated July 15, 2016
Asheville, North Carolina 28801 —

Attachment B
401 Water Quality Certification
Dated October 28, 2016

WaterResources
ENVIRONMENTAL QUALITY
October 28, 2016
Lausch REI, LLC
Attn: Erin Lausch
518 Spencer Mull Road
Penrose, NC 28766
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0916
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Lausch S/D
Dear Ms. Lausch:
You have our approval for the impacts listed below for the purpose described in your
application dated September 19, 2016, and received by the Division of Water Resources
(Division) on September 21, 2016. These impacts are covered by the attached Water Quality
General Certification Numbers 3884 and 3890 and the additional conditions listed below. This
certification is associated with the use of Nationwide Permit Numbers 12 and 18 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
Impact S1
35 (linear feet)
Impact S2
20 (linear feet)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy, 70 1 Swannanoa, North Carolina 28778
828 296 4500

Lausch S/D
DWR# 16-0916
401 Approval
Page 2 of 4
Wetlands
Impact W1 10.097 (acres)
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 Certifications) 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 one copy of the approved SMP, including plan details, with
proof of the City of Asheville's approval. The approved SMP shall be submitted to the
DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617)
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 the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 40181 Buffer
Permitting Unit prior to the 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) and (c)(3) and 15A NCAC 02B.0200 (3)(f)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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)]
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 permittee/contractor shall immediately contact the
Division of Water Quality, 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 02B .0200 (3)(f), and GS 143 Article 21A]

Lausch 5/D
DWR# 16-0916
401 Approval
Page 3 of 4
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 8:00am 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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, MC 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

Lausch S/D
DWR# 16-0916
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 3884 and 3890
Certificate of Completion
cc: Clement Riddle — ClearWater Environmental (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
City of Asheville Stormwater Services (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Buncombe\401s\Non-DOT\Lausch Subdivision\AP11W.Lausch SD 10.28.2016.docx