20170207 Ver 1_Approval Letter_20170227

r.+
Water Resources ^
Environmental Quality
February 28, 2017
Bryson City Property Holdings LLC
Attn: Charles E. Trefzger
1270 25 ST Street Place SE
Hickory, NC 28602
ROY COOPER
Gnvenmr
MICHAEL S. REGAN
Sem'tmy
S. JAY ZIMMERMAN
DLxGor
DWR # 17-0207
Swain County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Bryson City Assisted Living Home
Dear Mr. Trefzgec
You have our approval for the impacts listed below for the purpose described in your application
dated Febmary 9, 2017 and received by the Division of Water Resources (Division) on February
17, 2017, with additional information received on February 24, 2017. These impacts are covered
by the attached Water Quality General Certification Number 3883 and the additional conditions
listed below. This certification is associated with the use of Nationwide Permit Number 3 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 Sl 65 (linear feet)
Impact S2 17 (linear feet)
Slate ofNmth Carolina l Eiviroummlal Quality J Water Resources
2690 U S. Highway 70, Swannanoa, No th Cnrol ina 28778
828-296-4500

Bryson City Assisted Living
DWR# 17-0207
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) and (c)(3) and 15A NCAC 02B .0211(12)]
4. 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 Resources, 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.0211(12), and GS 143 Article 21A]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. The permitee 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 (c) and 15A
NCAC 0211 .0506 (b)(2) and (c)(2)]
This approval and its conditions me 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 150B 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 httn://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).

Bryson City Assisted Living
L WR# 17-0207
401 Approval
Page 3 of 4
The petition maybe 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:
IJsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ijsending 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Kevin Mitchell at 828-296-4650 or
kevin.mitchelIQLiedenr eov if you have any questions or concerns.
Sincerely,
ef—
rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3883
Certificate of Completion

Bryson City Assisted Living
DWR4 17-0207
401 Approval
Page 4 of 4
cc: Warren Sugg — Civil Design Concepts, PA (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Kevin Seagle — Swain County (via email)
DWRARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WI0WQ\SwainW01s\Non-DOTTM son City Assisted Llving\APRVL.Bryson City Assisted Living_ 02.282012docx

Water Quality Certification No. 3883
Water Quality Certification Number 3863 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWO) Regulations in 15 NCAC 02H .0600 and 16 NCAC 028 0200 for
the discharge of fill material to waters and wetland areas which are waters of the. United States as
described in 33 CFR 330 Appendix A.(B) (3 4, 5, 6, 7 19 20, 22, 25, 30 32; and 36) and.
Regional Permits 197800056 and 19780125 and for the Riparian Area Protection Rules (Buffer
Rules) in 15A NCAC 02B.,0200,
The State of North Carolina certifies that the specified category of activity willnot violate
applicable portions of Sections 301, 302 303 306 and 607 of the Public Laws 92-500 and 95-21.7
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1). of the following thresholds or circumstancesrequire written
approval fora 401 Water Quality Certification from the Division of Water Quality (the
"Division"):
a. Impacts equal to or greater than 40 linear feet of additional permanent stream impact
(including stream relocations) atan existing streamimpact location; or
h. Temporary or permanent impacts equal to or greater then one-tenth (1110) of an sore of
wetlands or, !
._ enforcement achon'for wolation(sj
c �ARy impeolssociatetl with allohee of Violation Oran enf ,
A 300) DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200); or
d, Any Impacts to streams and/or buffers in the Nauss,Tar-Pamllco, or Catawba River
Basins or in the Randleman,. Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unlessthe activities are listed as EXEMPT" from these rulesor a Buffer
Authorization Certificate is issued through N.C.Division of Coastal Management (CCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.3D(e), written approval for a401
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then: one payment to both agencies shall be submitted and will be the higher of the
two fees.
Activities included in this General Certification that do not meet one : of the thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification fisted. below. If any of these Conditions cannot be met, then
written approval from the Division is required.
Water Quality Certification No.. $883 I.

Water Quality Certification No, 3883
Conditions of Certification;
t. No Impacts Beyond those Authorized in the Written Approval. or Beyond the Threshold of Use
of this Certification
spoil,. solids,. (
..
footprint of it
in the written
use
or riparian areas
fication,.. as
olds establishedfor
Impacts. All
specifications for this projectsire Incorporated by reference and are enforceable parts of this
permit.
2.. Standard Erosion and Sediment Control Practices
Erosion and sediment control. practices must be in full compliance With all specifications
governing theproper design, installation and opera40n and maintenance of such Best
Management. Practices and if applicable, comply with the specific conditions and
requirements. of the NPDES construction Stormwater Permit Issued to the site:
a. Design, installation operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites the erosion and sediment control measures must be designed.
Installed, operated and maintained in accordance with the most recent version of the
North Carolina. Surface Mining Manual.
d. Sufficient materials required for stabilizationand/or repair of erosion control measures.
and stormwater routing and treatment shall be on site at all times.
e. If the protect occurs in waters or watersheds classified as Primary Nursery Areas FNAs),
SA, WS -I, WS -11, High Quality (HQW), or Outstanding Resource (ORW) waters then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds,.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
i
Sediment and erosion control measures shall not be placed in wetlands or waters. i
Exceptions to this condition require application submittal toandwdtten approval by the
Division if placement of sediment and erosion control devices in wetlands and waters is t_
unavoidable, then design and placement of temporary erosion control measures shall not be. is
conducted in a manner thatmay result in dis-equliibnum of wetlands stream beds, or banks, (...
adjacent to or upstream and downstreamof the above structures All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land. Resources (DLR) or locally delegated program has released
the specific area within the project. ".
Water Quality Certification No.. 3883 2

Water Quality Certification No. 3883
4. Construction Stormwater Permit NCGol0000
An NPDES& Construction Stormwater Permit Is required for construction projects that disturb
one (1) or mors acres of land, This Permit allows stormwaterto be discharged during land
disturbing construction activities as stipulated In the conditions of the permit, If your project
is covered by this permit, full. compliance with permit conditions including the erosion&
sedimentation control plan, Inspections and. maintenance $61f-manitormg. record keeping
and reporting requirements Is required.. A copy of the general permit (NCG010000),
Inspection log sheets and other information may be found at
bttp://Portal-ncdenr.org/web_/_wgLm-/au/npdessw#tab w. -
The North Carolina Department of Transportation (NCDOT)shall be required to be in full
compliance with the conditions related t0 construction activities within: the most recent version
of their individual NPDES (NCS000250) stormwster permit:
5. Work inthe :Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come In contact with the disturbed area, Approved best (management practices from the
most currentversion of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual such as sandbags, rockberms, cofferdams,
and other diversion structures shall be used to minimize excavation in Flowing. water;.
Exceptions to this condition require application submittal to and written approval by the
Division. -
6. Construction Moratoriums and Coordination.
If activitiesmust occur during: periods of high biological activity (i.e. sea turtle nesting, fish
spawning or bird nesting), then biological monitoring may be required at therequest of other
state or federal . agencies and coordinated with these activities,
- Allmoratoriumson construction activities established by the NC Wildlife Resources.
fish, larval/postdarval fishes and crustaceans, or other aquatic specie
implemented Exceptions to this condition require written approval by
responsible for the given moratorium.
Work within the twenty-five (25) designated trout counties or Identified state or federal
endangered or threatened species habitat shall be coordinated with the: appropriate WRC;:
USFWS, NMFS, and/or DMF personnel::
7. Riparian Area Protection Rules (Buffer Rules)
Activities located in the protected riparian areas (whetherjurlsdietional wetlands or not), -
within the Nauss, Tar -Pamlico, or Catawba River Basins or in the Randleman,. Jordan; or
Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall: be limited
to ".uses" identlRed within and. constructed in accordance with 15A NCAC 02B .0233, .0258,
0243, 0250, 0267 and .0605, and shall be located designed, constructed, and maintained.
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements,. including. diffuse
flow requirements, must be met,
Water Quality Certification. No. 3883

Water Quality Certification No. 3883
8 Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a. manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (Including the cross: section dimensions pattem, and longitudinal
profile)must be maintained: above and below locations of each culvert.
Placement of culverts andother structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 Inches,
and. 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48
Inches, to allow law flow passage of water and aquatic life
When topographic constraints Indicate Culvert slopes of greater than 5%, culvert burial is not
required provided that all alternative options for': flattening the slope have been Investigated
and aquatic: life movement/ connectivity has been. provided when possible (rack ladders,
crossvanes, etc). Notification to. the Division including supporting documentation to Include
location map of the culvert, culvert profile drawings and slope: calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock Is present In culve
is sufficient documentationof the
reports photographs,:etc
the Installation of the culy
shall be notified by phone
the culvert,
a minimum of 60
Ig constfuctloh then
If other site-specific topographic constraints preclude the ability to bury the culverts as
described aboveand/or it can be demonstratedthat burying: the culvert would resultin
destabilization of the channel; then: exceptions to this condition require application submittal
to, and written approval by the Division of Water Quality, regardless of the total Impacts to
streams or wetlands from the project.
Installationof
roadways,: causeways, or other hill projects are
floodwaysor wetlands, openings such as culve
the natural hydrology of the system as well as (
result in destabilization of streams or wetlands.
and be t
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of dprapor other bank hardening
methods,
may
9. If concrete Is used during the construction, then all necessary measures: shall: be taken to
prevent directcontact between. uncured or curing concrete: and waters of the: state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevatedpH and possible aquatic life/ fish kills.
10:. Applications for rlic ap groins proposed in accordance with 15A.NCAC 07H .1401 (No
Division of Coastal. Management General Permit for construction: of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions fordesign
and construction specified in 1:5A NCAC 07H .1405.
Water Quality Certification No. 3e83 4

Water Quality Certification No. 3883
11, Bridge deck drains shall not discharge directly Into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed $wales, pre-
formed scour holes, vegetated buffers etc.) before enterlhg the stream. Please refer to the
most current version of Stormwater Best Management Practices Exceptions to this condition
require written approval by the Division,
12. Compensatory Mitigation
In accordance with 16A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (Intermittent and perennial)
and/or equal to or greater ' than one (1) acre of wetlands For linear public transportation
.projects impacts equal to or exceeding 160 linear feet per stream shall require mitigation.
Buffer mitigation maybe required for any project with Buffer Rules ineffect atthe . time of
application for activities classified as "Allowable with Mitigation" or "Prohibited" within the
Table of Uses,
any
occur on site. Alternatively the Division will accept payment Into an in
mitigation bank. In these cases, proof of payment shall be provide to
any impacts occur on site.
19. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, Including each stream's
'@ p pattern and longitudinal bed and bed profile,
and he various sides shall be stabilized with natural woody vegetation (except for the
approved maintenance areas)and restored to Ovevent erosion. ,
Manual or the North Carolina Surface Mining Manual so asnot
a dis-equilibrium during. use of this General Certification,
15. Any riprap required for proper culvert placement,.. stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly Impacted by the approved
construction activity. All rip -rap sell buried and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip•rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
16. Any rip -rap used for stream stabilization shall be of a sizeand density so as not to be able to
be carried: off by wave current action or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in thestreambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures
17. A one-timeapplication of fertilizer to ne-establish vegetation Is allowed in disturbed areas
Including riparian buffers, but is restricted tono closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and 4ocal
regulations.
Water Quality Certification No. 3883

Water Quality Certification No. 3883
18. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or $EPA) then this General Certification Is not valid until a Finding of No
Significant impact (FONSI) or Record of Decision (ROD) is issued by the State.
Clearinghouse..
19.. in the twenty (29) coastal counties the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
20. This General Certification does not relieve the applicant of the responsibility to obtain 011 other
required. Federal, State, or Local approvals.
21. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (Including any requirements resulting from
compliance with 6303id1 of the Clean Water Acb. and am other appropriate requirements of
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
22. When written authorization is required for use of this certification upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to. the DWQ Central Office In Raleigh at 1656 Moll
Service Center, Raleigh NO, 27699-1650,
23. Additional site-specific conditions, including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards.
24. Thiscertification grants permission to the director, an authorizedrepresentative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property _
__during normal business hours _._
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General: Permit. The. conditions In effect on the date
of issuance of Certification fora specific project shalt remain in effect for the life of the project,
regardless of the expiration date of this Certification. -
Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal andior civil
penalties.
The Director of the North Carolina Division ofWater Quality may requiresubmission of a formal
application for Individual Certification for any project in this category of activity if it Is determined
that the project is likely to have a.significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No, $883-

j Water Quality Certification No. 3883
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision U deemed in the public's best interest by the Director of the North Carolina _
Division of Water Quality,
Effective date: March. 19, 2012
DIVISION OF WATER QUALITY
By
Charles Wakild, RE,
Director
History Note Water Quality Certification (WQC) Number 3883. issued March 10; 2012. replaces
WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19 2007; WQC
Number 3494 issued December 31, 2004, and WQC Number 3378 issued Match 18, 2002. This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the
Director of the Division of Water Quality.
Water Quality Certification No. 3883 7

Water Resources
Environmental Quality
WR Project No.:
Applicant:
Project Name:
ROY COOPER
Gov¢roar
MICHAEL S. REGAN
.5'evret,,"
S. JAY'LIMMERMAN
Do,ofro'
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be retumed to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due cue and
diligence was used in the observation of the constmcfion such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor,. etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to
the best of my abilities, due cue and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.
>"Nothit'tg Compares::-_
State of SONa Carolina I Enalronmenml Quality I Water Resources
2090 U.S. Highway 70. Swanninory North Cxollna 2N778
828-2964500