20170572 Ver 1_Approval Letter_20170620

Water Resources
Environmental Quality
June 20, 2017
Metropolitan Sewerage District of Buncombe County, NC
Attention: Thomas E Hartye
2028 Riverside Dr.
Asheville, NC 28804
ROY COOPER
Governor
MICHAEL S. BEGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0572
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Jonestown Rd. (2014178)
Dear Mr. Hartye:
You have our approval for the impacts listed below for the purpose described in your application
dated April 28, 2017, and received by the Division of Water Resources (Division) on May 8,
2017, with additional information provided on June 20, 2017. These impacts are covered by the
attached Water Quality General Certification Number 4086 and the additional conditions listed
below. This certification is associated with the use of Nationwide Permit Number 12 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
Stream Impact
Impact S 1
66 (linear feet)
Wetland Impact
Impact W 1
0.014 (acres)
Impact W2
0.052 (acres)
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Jonestown Road (2014178)
DWR# 17-0572
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. All wetlands and streams that are not proposed for impacts and are located within 50 feet
of the construction area on the project site shall be clearly marked (example- orange
fabric fencing) prior to any land disturbing activities and must be maintained on the
property until the project phase is completed. [15A NCAC 02H.0506 (b)(2) and (c)(2)
and 15A NCAC 02H.0507 (c)]
4. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201 ]
5. 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 and
wetland area stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
6. 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)]
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 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]
8. 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. The engineer shall hold a
pre -construction meeting at the site with the contractor to discuss the conditions 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)]

Jonestown Road (2014178)
DWR# 17-0572
401 Approval
Page 3 of 4
9. Before any impacts authorized in this Certification occur, you must provide the Division
a detailed- construction sequence describing how the sewer crossings will be completed
"in the dry". [15A NCAC 02H .0506(b)(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 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, 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

Jonestown Road (2014178)
DWR# 17-0572
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.pricegncdenr ov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4086
Certificate of Completion
cc: Owen Herbert — MSD Engineering Division (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\MSD Jonestown Road\APRVL.401 Jonestown Rd 2014178_ 06.20.2017.docx