20160511 Ver 1_Approval Letter_20160708

WaterResaurces
ENVIRONMENTAL QUALITY
July 8, 2016
Publix North Carolina, LP
Attn: Jeffrey Chamberlain
3300 Publix Corporate Parkway
Lakeland, FL 33811
PAT MCCRORY
cnnemor
DONALD R. VAN DER VAART
5—lar,
S. JAY ZIMMERMAN
Olremor
DWR ft 16-0511
Henderson County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Hendersonville Publix
Dear Mr. Chamberlain:
You have our approval for the impacts listed below for the purpose described in your
application dated May 13, 2016, and received by the Division of Water Resources (Division) on
May 19, 2016, with additional information received on June 28 and 30, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3886 and the additional
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 14 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)]
Ssle ofNoNh Cemlllla I R.11.mmlal Quality I Wam, Rllo..s
2090 US. Hwy. 701 Sw=,AV, North Carolina 28779
8282964500

Hendersonville Publiz
DWR# 16-0511
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Streams
Impact S1
35 feet
Impact S2
20 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
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)]
You are required to provide one copy of the approved Stormwater Management Plan
(SMP), including plan details on full-sized plan sheets, with proof of City of
Hendersonville'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 the
City of Hendersonville. 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. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated July 7, 2016 (attached)
to the maximum extent practicable. [15A NCAC 02H .0506(b)(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 1508 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:OOam and S:OOpm, excluding official
state holidays).

Hendersonville Publix
DWR# 16-0511
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:
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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Hendersonville Publix
DW R# 16-0511
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 Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3886
Certificate of Completion
NCWRC Letter dated July 7, 2016
cc: Chris Tinklenberg— Kimley-Horn and Associates, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
City of Hendersonville Planning Department
DW R ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Henderson\401s\Non-DOT\Hendersonville Publix\APRVL.HendersonvillePublixJ-8-2016.doa

Water Quality Certification No. 3886
Water Quality Certification Number 3886is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 96-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200
for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are.
not a part of the surface tributary system to interstate waters or navigablewaters of the United
States (as described In 33 CFR 330 Appendix.A (B) (14) of the Corps of Engineers regulations
(Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 02B .0200.
The $late of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Any proposed fill or modification of wetlands and/or waters, including streams, under this General
Certification requires applicationto, and written approval from the Division of Water Quality
except for the single family lot exemption described below.
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water quality Certification from the Division of Water Quality (the
"Division' ):
a) Any temporary or permanent impacts to wetlands, open waters and/or streams, including
stream relocations, except for construction of a driveway to a single family lot as long as
the.. driveway involves less than 25 feet of temporary and/or permanent: stream channel
.impacts, including any in -stream stabilization needed for the crossing; or
b_) Any impact associated with a high density project (as defined in Item (A)(iv) of the 401
Stormwater Requirements) that is not subject to either a state stormwater program "
(such as, but not limited to,. Coastal Counties, HOW, ORW or state -implemented Phase It
NPDES)or a certified community's stormwater program; or
c) Any impact associated with a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Welland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules If 5A NCAC
02B .0200); or
d) Any Impacts to streams and/or buffers in the Neuse, Tar -Pamlico, 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) unless they activities are listed as"EXEMPT" from these rules or a. Buffer
Authorization Certificate is issued through N.C. Division of Coastal Management GCM)
delegation for "ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215,3D(e), Written approval for a 401
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 notrequire written approval from the Division as long as they comply with.
Water Quality Certification No. 3886

Water Quality Certification No. 3886
the Conditionsof Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division is. required.
Conditions of Certification:
1. No Impacts Beyond those. Authorized. in the Written Approval or Beyond the Threshold of Use
of this Certification
Nowaste, spoil, solids, or fill of any kind shall occur in wetlands,. waters, or riparian areas
beyond the footprint of the impacts depicted in the pre -Construction Notification, as
authorized in the written approval from the Division or beyond; the thresholds established for
use of this Certification without written authorization, including incidental. impacts. All
construction activities, including the design, Installation operation, and maintenance of
sediment and erosion control Best Management. Practices shall be performed so that no
violations of state water quality standards, statutes or rules occur. Approved plans and
specifications for this project areincorporated 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 the proper design, installation and operation 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 Surfs Mining Manual
c, Reclamation measures and Implementation must comply with the reclamation In
accordance with the requirements of the Sedimentation Pollution Control Act and. the
Mining Act of 1971.
d.. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater muting and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas FNAs),
SA, WS -1, WS -II, Nigh Quality (HOW), 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.
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Water Quality Certification No. 3886
3, No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters Is
unavoidable, then design. and placement of temporary erosion control measures shall not be
.conducted in a manner that may result in cls -equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of 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
4. Construction Stotmwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to 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, inspectionsandmaintenance self-monitoring, record. keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
Inspection log sheets, and other information may be found at
http://r)ortal.ncdenr,om/web/wo/ws/suinodessw#tab- .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All, moratoriums onconstructionactivities established by the NO Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NO Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic: species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
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
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that theflowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the INC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, 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.
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Water Quality Certification No. 3886
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlandsor not),
within the Neuse, 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" identified within and constructed in accordance with 15A NCAC 02B 0233_0259,
.0243, 0250_0267 and .0605, and shall be located designed, constructed, and maintained
to have minimal disturbance toprotect 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.
8. If concrete is used during the construction, then all necessary measures shallbe taken to
prevent direct contact 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 elevated pH and passible aquatic life/ fish kills.
9. 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 swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the. stream. Please refer to the
most current version of Stormwater Best Management Practices Exceptions to this condition
require written approval by the Division.
10, Compensatory Mitigation
In accordance with 15A 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 150 linear feet per stream shall require. mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with. Mitigation" or "Prohibited" within the
Table of Uses.
Design and monitoring protocols shall follow the. US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or Its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation plan must be implemented and/or constructed beforeany impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation bank. In these cases, proof of payment shall be provided to. the Division before
any impacts occur on site.
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Water Quality Certification No. 3886
11.. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach If the existing channel Is unstable), to the
maximumextent practical. The new channel should be constructed in the dry and water shall
not be turned intothe new channel until the banks are stabilized. Vegetation used for bank
stabilization shall be limited to native woody species and should Includeestablishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastid mesh and/or plastic twine shall not be used In
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual. Rip -rap, AJacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written Justification and any calculations used to determine the extent
of dip -rap coverage. Please note that If the stream relocation Is conducted as astream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003.
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for theimpacts resulting from the relocation.
12. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referencedherein as "Attachment A" at the end of this
Certification.
13. 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, pattern, and longitudinal
profile) must bemaintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streembad 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 10:48
inches, to allow low 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 (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profiledrawings, and slope calculations shall be provided
to the Division 60 days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction,. then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this conditionrequire application, submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
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Water Quality Certification No. 3886
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water of flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed. FEMA -designated
floodways or wetlands, openings such as. culverts or bridges: must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in. destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization.
techniques must be used where. practicable Instead of riprap or other bank hardening
methods,
14. 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
original cross sectional dimensions, plan form pattern and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All: temporary pipes/ culverts/ riprap pads etc, shall be Installed in all streams as outlined In
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual sous. not to restrict stream flow
or cause cis -equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization,or restorationof
temporarily disturbed areasshall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall 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.
17. Any rip -rap used for streamstabilization shall be of a size and 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 the streambed
except m specific areas required for velocity control and to ensure structural. integrity of bank_
stabilization measures.
16. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10: feet from top of bank of -
streams. Any fertilizer application must: comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification Isused to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional Impacts
to wetlands,waters, or buffers if required to doso in writing by the Division. For road
construction purposes, this Certification shall only be utilized natural high ground to
natural high ground.
20. Deed notifications or similar mechanisms shall be placedonall retained jurisdictional
wetlands waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put in
place at the time of recording of the property or of individual lots whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetiands Unit web site at
htto,ilr)ortalnodenrorg/web/wa/swp/ws/401]certsandpermits/apply/forms. Thetextofthe
sample deed notification may modified as appropriate to suit to a specific project.
Documentation of deed notifications shall be provided to the Division upon request,
Water Quality Certification No. 3886

Water Quality Certification No. 3886
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until aFinding of No
Significant Impact (FONSI). or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. 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 §303(4) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain 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.
25. Whenwritten authorization is required for use of this certification, upon completion of all
permitted impacts included within theapproval 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 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
26. 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.
27. This certification grants permission to the director', an authorized representative 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 for a specific project shall 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 and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission 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 thewaters so that existing
uses of the wetland or downstream waters am precluded.
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Water Quality Certification No. 3886
Public hearings may be held for specific applications or group of applications prior to a ..
Certification decision if deemed in the public's bestinterest by the Director of the North Carolina
Division of Water quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
. rl-
Charles Wakild, P,E.
Director
History Note: Water Quality Certification (WQC) Number 3886 issued March 12, 2012 replaces
WQC Number 3820 issued April 6, 2010; WQC Number 3627 issued March 2007; WQC Number
3404 Issued March 2003; WQC Number 3375 Issued March 16, 2002; WQC Number 3289 issued
June 1, 2000, WQC Number 3103 issued February 11, 1997, WQC Number 2732 issued May 1,
1992; WQC Number 2666 issued January 21, 1992; WQC Number 2177 issued November 6,
1987, This WQC 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. 3886 8

Water Quality Certification No. 3886
Attachment A: 401 Stormwater Requirements '
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification.. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
'Wetland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon areaor amount of jurisdictional impact, shall meet the following
stormwater: design requirements:
i. .Non -Erosive Discharge to Streams and Wetlands. Stonwaterrconveyances that
discharge to streams and wetlands must discharge at a non-erosive-velocityprior to
entering: the stream or wetland during the peak flow from the ten-year storm.
ii. Vegetated Setbacks. A 30400t wide vegetated setback must be maintained adjacent to
streams, rivers and tidal waters in areas that are not subject to a state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top -of -bank of streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with. this requirement and may contain
coastal, isolated or 404. jurisdictional wetlands Non -jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant material.'
iii. Construction and Operation. The stormwater management plan must beconstructed
and operational before any permanent building or other structure is occupied or utilized at
the site. The Stormwater management plan, including drainage patterns, must be
maintained in perpetuity."
iv. Coordination with Other Stormwater Programs. Projectsthat aresubject: to another
Division of Water Quality (DWQ) stormwater program, including (but not limited to) the 20
Community's stormwater management program, must be constructed and maintained in
compliance with the approved stormwater management plans
v. Stormwater Design Requirements for Projects Not Covered Under Item (iv).
Projects that are not subject to another DWQ stormwater program or a Certified
Community's stormwater programshall meet all of the following requirements:
a. Low Density.. A site is low density if all the following requirements are met:
1. The development has built upon area of twenty-four percent (24%) or less,
considering both current and future development. When determining the amount
of built upon area,coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in North Carolinas Schedule of Classifications shall be
excluded If a portion of project has a density gresterthan 24%, the higher
density area must be located in an upland area and away from surface waters
and drainageways tothemaximum extent practicable.°
2. All stormwater runoff fromthe built upon areas is transported primarily via
vegetated conveyances designed in accordance with the most recentversion of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs. may be approved If the applicant can show that the design provides
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Water Quality Certification No. 3886
equal or better water quality protection thanthe practices specified in the manual.
The project must not Include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B.0202(60).'
b. High. Density. Projects that do not meet the -Low Density requirements shall meet
the following requirements::
1. Stormwater runoff from the entire site must be treated by structural stormwater
controls (BMPs)that are designed to remove eighty-five percent (85%) of the.
average annual amount of Total Suspended Solids (TSS).. Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP).s
2. All BMPsmust bedesigned in accordance with the version of the NO DWQ
Stormwater Best Management Practices Manual that is in place on the date of
stormwater management plan submittal. Alternativedesignsmay be approved if
the applicant can show that the design provides. equal or better water quality
protection than the practices specified in the manual s
3..DWQ may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards.'o
4. DWQ may approve Low Impact Developments (LIDs) that meet the guidance set
forth in the Low Impact Development: A Guidebook for North Carolina."
5. Proposed new development undertaken by a local government solely as public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above.'2
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
1630 Mall Service Center, Raleigh, NC 27699-1660.
L Projects that are Subject to Another DWQ Stormwater Program: Ifthe project is
subject to another DWQ stormwater program, such as the 20 Coastal Counties, HQW,
QRW or state -implemented Phase II NPDES, then the applicant shall submit a copy of
the stormwater approval letter before any Impacts occur on site."
ii. Projects that are Subject to Certified Community's Stormwater Program.. If the
project is subject to a certified focal government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.'
iii. Projects Not Covered Under Items (1) or (li). If the project is: not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
.authorization process.
a. Low Density.. For low density projects, the applicant shall submit two copies of the
DWQ Low Density Supplement Form with all required items. 13
Water Quality Certification No. 3886

Water Quality Certification No. 3886
b.. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement. Form and all required items at the specified scales for each
BMP that is proposed.13
iv, :Phasing. Stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final slormwater management plan per Items (p -(iii) above required for
the current phase and a conceptual. stormwater management plan for the future phase(s).
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. Theapproved
stormwater management plan for each future phase must be constructed and operational
before any permanent building or other structure associated with that phase is
occupied. 4
v. Stormwater Management Plan Modifications. The stormwater management plan may
not be modified without prior written authorizationfrom the entity that approved the plan.
If the project is within a Certified Community, then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentationof
the local government's approval for record-keeping purposes. If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per hem (iii) above. for any BMPs that have been modified for DWQ's review and
approval,
The stormwater requirement for 401 applications is codified. in 15A NCAC 02H .0506(b)(5) and
(c)(5).
' Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10: -year design storm
standard is codified in 15A NCAC 02H .1008(f)(2) and .1 008(g)(1).
' 30 -foot vegetated setbacks are required in SL 2008-246§9(d), SL 2008-211§2(b), 15A NCAC
02H. 1006(2)(c) and .1007(1)(a).
4 Construction and -maintenance .of the stormwater isnecessary to satisfy 15A NCAC 0211-... __......
,0506(b)(5).
s Conveys application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
° Low density built upon area thresholds are set in SL 2006.246§9(c) and SL 2008-211§2(b)_
The requirement for low density development to use vegetated conveyances is codified in SL
2008-246§9(c), SL 2008-211§2(b), 15A NCAC 02H ,1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B.0265(3)(a) and.0277(4)(e).
s
85% TSS removal is required in SL 2006-246§9(d), SL 2008-211§2(b), 15A NCAC 02H
.1006(2)(C), 15A NCAC 02H .1007(1)(a), The 30% TN and TO removal requirements for NSW
waters are set forth in 15A NCAC 02B.0232, 15A NCAC 02B .0257(a)(1), 15A NCAC 028
0265(3)(a) and 15A NCAC 02B .0277(4).
s The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(x) and .0277(4)(9).
t0 The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 Certification is codified in 15A. NCAC 0211 .0506.
r' The LID Toolbox is also referenced in 15A NCAC 02B .0277(4)(g).
12 The term "public road project is. defined in15A NCAC 028 .0265(3)(a).
Conveys application procedureto streamline the permitting process.
14 Phased development is addressed as a "common plan of development" in 15A. NCAC 02H
.}003(3).
's Procedures for modifying stormwater plans are set forth in 16A NCAC 02H_1011.
Water Quality Certification No. 3886

Warer-Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
G—or
DONALD R. VAN DER VAART
S.,.,.,
S. JAY ZIMMERMAN
D—Ir
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 returned to D WR 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 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
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 m 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 Certtfted Professional
1, , 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 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
Registration No.
Stele ofN.M C-1— 113ww—.1 Quality I Water RV -1
1611 Meil servloe Center I Ra ork NMa Carotin 7NN-1611
9197079000

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
July 7, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Hendersonville Publix
Johnson Drainage Ditch, Henderson County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to extend a culvert on Johnson Drainage Ditch, permanently impacting 35 feet of
stream in Henderson County. Our comments on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
This project should not affect trout and the activities do not need to be avoided during the trout
spawning moratorium. However, the Southern Blotched Chub (Erimystax insignis eristigma,)
and French Broad River Crayfish (Cambarus reburrus), both US Federal Species of Concern and
NC Significantly Rare, are found in Mud Creek in the vicinity of the Johnson Drainage Ditch
confluence. Mud Creek is on the 2014 303(d) list of impaired waters and suffers from urban
impacts such as stormwater flows and pollutants.
The application proposes to redevelop a currently impervious area along Mud Creek. The
project will involve additional fill to raise the elevation of the land. The site is situated in the
floodway of the Mud Creek floodplain, which stores and treats floodwater. The NCWRC does
not support commercial or residential development within the 100 -year floodplain. The filling of
floodplain increases the potential for flooding and degrades in -stream habitats for fish and other
aquatic organisms.
However, we support the applicant's intention to compensate for this loss of floodplain storage
capacity by enhancing the flood treatment capacity of an adjacent 13 -acre parcel to the south of
the site along Mud Creek, as described by Mr. Tinklenberg on the phone on June 17, 2016.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Hendersonville Publix Page 2 July 7, 2016
Johnson Drainage Ditch, Henderson County
Stormwater from the site will be treated with underground detention/water quality systems,
which are designed to treat the 1-year I-hour storm, drawing down over 2-5 days.
We offer the following recommendations for the project to minimize impacts to fish and wildlife
resources:
1. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained.
Disturbed areas should be seeded, mulched and/or matted as soon as possible.
2. Any erosion control matting used be free of plastic or nylon mesh, as this type of mesh
netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may
last for years.
3. We appreciate the measures the applicant has proposed in order to treat and detain
stormwater on-site. We recommend bolstering stormwater management in order to mimic a
hydrograph consistent with an impervious coverage of less than 10%.
4. NCWRC recommends a minimum 100-foot undisturbed, native, forested buffer along Mud
Creek and any other perennial streams, and a minimum 50-foot buffer along intermittent
streams and wetlands. We understand that the site is already impacted and that a narrow
buffer exists along Mud Creek; however, we recommend that the applicant widen this
forested buffer as much as feasible. Maintaining undisturbed, forested buffers will minimize
impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both
within and downstream of the project area. Wide riparian buffers are helpful in maintaining
stability of stream banks and for treatment of pollutants associated with urban stormwater. In
addition, these buffers will provide an adequate travel corridor for wildlife species.
5. Use non-invasive native species and Low Impact Development (LID) technology in
landscaping. Using native species instead of ornamentals should reduce the need for water,
fertilizers and pesticides. Using LID technology in landscaping will not only help maintain
the predevelopment hydrologic regime, but also enhance the aesthetic and habitat value of
the site.
6. We recommend planting undeveloped parts of the parcel with native vegetation and
maintaining these areas as green space.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
1
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Andrew Moore, NC Division of Water Resources
Byron Hamstead, US Fish and Wildlife Service
Chris Tinklenberg, Kimley-Horn & Associates