20170064 Ver 1_Approval Letter_20170227

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Water Resources
Environmental Quality
February 27, 2017
Fletcher Parners, Inc.
Attn: Mr. William Newman
1091 Hendersonville Road
Asheville, NC 28803-1873
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMM:ERMAN
Director
DWR # 17-0064
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Fletcher Partners, Inc.
Dear Mr. Newman:
You have our approval for the impacts listed below for the purpose described in your application
dated January 11, 2017, and received by the Division of Water Resources (Division) on January
19, 2017, with additional information received on February 24, 2017. 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 39 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(butnot limited to) Sediment and Erosion Control`, Non-Dischar e;' Water Supply Waterhed;
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:
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
Stream Impact
Impact S 1 70 (linear feet)
Impact S2 20 (linear feet)
Impact S3 64 (linear feet)
Impact S4 12 (linear feet)
State of Nath Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Fletcher Partners, Inc.
DWR# 17-0064
401 Approval
Page 2 of 4
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) and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Stormwater Manauement Plan (SMP) Annroval from Buncombe Countv Reauired.
You are required to provide one copy of the approved SMP, including plan details, with
proof of Buncombe County'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 Buncombe County. If the SMP is modified in the future, then you
shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications. [ 15A NCAC 02H
.0506(b)(5)]
4. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision
will require a modification of this 401 Water Quality Certification approval. [15A
NCAC 02H.0506(4) and 15A NCAC 02H.0501 and .0502]
5. 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)]
6. 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]
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
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)]

Fletcher Partners, Inc.
DWR# 17-0064
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
zan.pricenncdenr.g�ov if you have any questions or concerns.
Sincerely,
Z rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
cc: Clement Riddle — C1earWater Environmental Consultants, Inc. (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Buncombe\401s\Non-DOT\Fletcher Partners Dog Daycare\APRVL.401 Fletcher Partners, Inc.doox

Fletcher Partners, Inc.
DWR# 17-0064
401 Approval
Page 3 of 4
9. 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 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 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 http://www.ncoab.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: 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
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