20170348 Ver 1_Approval Letter_20170706

Water Resources
Environmental Quality
July 6, 2017
Mills Gap Apartments, LLC
806 Green Valley Rd
Greensboro, NC 27408-7076
ROY COOPER
Governor
MLCHAEL S. REGAN
Secretuty
S. JAY Z:IM:M:ERM.AN
Director
DWR # 17-0348
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Hawthorne at Mills Gap
Dear Hawthorne Residential Partners:
You have our approval for the impacts listed below for the purpose described in your application
dated March 15, 2017, and received by the Division of Water Resources (Division) on March 27,
2017 with additional information received on June 8, 2017. These impacts are covered by the
attached Water Quality General Certification Number 4092 and the additional conditions listed
below. This certification is associated with the use of Nationwide Permit Number 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. [I 5A NCAC 02H .0506(b) and/or (c)]
Type of Impact Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact S 1 149 (linear feet)
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
State of North Carolina Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Hawthorne at Mills Gap
DWR# 17-0348
401 Approval
Page 2 of 4
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. Exceptions to this condition require
application to and written approval from DWR. [ 15A NCAC 02B .0201 ]
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)]
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)]
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

Hawthorne at Mills Gap
DWR# 17-0348
401 Approval
Page 3 of 4
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
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.annino,ncdenr. oovv if you have any questions or concerns.
Sincerely,
hn Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4092
Certificate of Completion

Hawthorne at Mills Gap
DWR# 17-0348
401 Approval
Page 4 of 4
cc: Warren Sugg — Civil Design Concepts, PA (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\Hawthorne at Mills Gap\APRVL.401 Hawthorne at Mills Gap_ 06.30.2017.docx