20051950 Ver 2_Approval Letter_20170620

y
�4
Water Resources
Environmental Quality
June 20, 2017
High Hickory of Asheville, LLC
Attention: Mr. Andy Baker
403 Baird Cove Road
Asheville, NC 28804
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMM:ERMAN
Director
DWR # 05-1950 V2
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
High Hickory Falls
Dear Mr. Baker:
You have our approval for the impacts listed below for the purpose described in your application
dated February 23, 2017, and received by the Division of Water Resources (Division) on March
7, 2017, with additional information provided on May 26, 2017 and June 6, 2017. These impacts
are covered by the attached Water Quality General Certification Numbers 4085 and 4092 and the
additional conditions listed below. This certification is associated with the use of Nationwide
Permit Numbers 3 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:
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)]
State ofNorth Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

High Hickory Falls
DWR# 05-1950 V2
401 Approval
Page 2 of 4
Type of Impact
Amount Approved (units)
Amount Approved
Permanent
(units)
Temporary
Stream Impact
Impact S5 (20 linear
20 (linear feet)
10 (linear feet)
feet existing)
(new net impact)
Impact S6 (20 linear
15 (linear feet)
10 (linear feet)
feet existing)
(new net impact)
Impact S7 (15 linear
15 (linear feet)
10 (linear feet)
feet existing)
(new net impact)
Impact S11 (11 linear
39 (linear feet)
10 (linear feet)
feet existing)
(new net impact)
Impact S 16 (40 linear
10 (linear feet)
feet existing)
(new net impact))
Impact S 18
30 (linear feet)
10 (linear feet)
(new net impact)
Impact S 19
40 (linear feet)
10 (linear feet)
(new net impact)
Impact S20 (24 linear
16 (linear feet)
10 (linear feet)
feet existing)
(new net impact)
Impact S23
10 (linear feet)
Impact S24
10 (linear feet)
Impact S25
10 (linear feet)
Impact S26
10 (linear feet)
Impact S27
10 (linear feet)
Impact S28
40 (linear feet)
(culvert removal/restoration)
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. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02H .0506 (b)(2)]
4. 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)]

High Hickory Falls
DWR# 05-1950 V2
401 Approval
Page 3 of 4
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. 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)]
Monitoring of restoration area (Impact S28) shall be conducted in accordance with the
approved monitoring plan provided in correspondence from Atlas Environmental, dated
May 24, 2017. If monitoring indicates that all or portions of the project are failing to
meet one or more of the required success criteria, the monitoring report must provide a
remedial action plan to address the deficiency. The remedial action plan, at a minimum,
must describe the failure, the source or reason for the failure, a concise description of the
corrective measures that are proposed, and a timeframe for the implementation of the
corrective measures. [15A NCAC 02H .0506(h) and 15A NCAC 02H .0506(b)(2) and
(3) and (c)(2) and (3)]
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 of 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).

High Hickory Falls
DWR# 05-1950 V2
401 Approval
Page 4 of 4
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:
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 Amy Annino at 828-296-4656 or
amy.anninokncdenr.gov if you have any questions or concerns.
Sincerely,
w
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GCs 4085 and 4092
Certificate of Completion
cc: Jennifer Robertson — Atlas Environmental, Inc. (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR 401 and Buffer Permitting Unit (via email)
DWR ARO 401 files
G:\WR\WQ\Buncombe\401s\Non-DOT\High Hickory Falls\APRVL.401 High Hickory Falls.docx