20181161 Ver 1_Approval Letter_20190509

May 9, 2019
DWR # 18-1161
Buncombe County
NTTP Investments LLC
Attn: Joe Ward
3 Bideford Row
Asheville, NC 28803

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Asheville Heights

Dear Mr. Ward:

You have our approval for the impacts listed below for the purpose described in your application
dated August 20, 2018 and received by the Division of Water Resources (Division) on August
20, 2018 with additional information provided on April 12, 2019, May 2, 2019, and May 9,
2019. These impacts are covered by the attached Water Quality General Certification Number
4139 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. [15A NCAC 02H .0506(b) and/or (c)]

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary

Stream Impact
Impact S1 42 (linear feet)
Impact S2 42 (linear feet)
Impact S3 50 (linear feet)
Impact S4 9 (linear feet)

Asheville Heights
DWR# 18-1161
401 Approval Page 2 of 4

Impact S5 10 (linear feet)
Impact S6 10 (linear feet)
Impact S7 10 (linear feet)
Impact S8 10 (linear feet)
Impact S9 20 (linear feet)
Wetland Impact
Impact W1 0.0005 (acres)
Impact W2 0.0007 (acres)
Impact W3 0.001 (acres)

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. 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)]

4. 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]

5. 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)]

6. 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)]

Asheville Heights
DWR# 18-1161
401 Approval Page 3 of 4

7. 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 stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]

8. All wetlands, streams, surface waters, and riparian buffers 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)]

9. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. [15A NCAC 02B .0200]

10. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

This Certification can be contested as provided in 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.

Asheville Heights
DWR# 18-1161
401 Approval Page 4 of 4

Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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 Zan Price at 828-296-4662 or
[e-mail] if you have any questions or concerns.

Sincerely,

Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 4139
Certificate of Completion

cc: Amanda Jones– USACE Asheville Regulatory Field Office (via email)
Andrea Leslie – NCWRC (via email)
Owen Carson – Equinox (via email)
DWR ARO 401 files

G:\WR\WQ\Buncombe\401s\Non-DOT\Asheville Heights\20190509_Asheville Heights_APPRV.docx