20040647 Ver 1_COMPLETE FILE_20040421

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

April 29, 2004
Rutherford County
DWQ Project #: 04-0647

APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE

Ingles Markets, Inc,
Attn: Gordon Myers
Post Office Box 6676
Asheville, NC 28816

Subject Property: Lake Lure Ingles

Dear Mr. Myers:

You have our approval, in accordance with the attached conditions, to impact 25 feet of intermittent
stream for the purpose of constructing a commercial retail site as you described in your application
dated April 20, 2004, Mter reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3402, whicl1 may be viewed on our website at
http://h20,enr.state,nc,us/ncwetlands,This certification allows you to use Nationwide Permit Number
39 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.

This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions, If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H ,0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below,

Conditions of Certification:

Certification of Completion

1. 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
the attached certificate of completion to the401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650,

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

Page 2
Mr. Myers
April 29, 2004

Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N,C, 27699-6714, This certification and
its conditions are final and binding unless you ask for a hearing,

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Kevin Barnett at our
Asheville Regional Office at 828-251-6208.

Sincerely,

~'~

JRDlbs

r

. .
Alan W, Klimek, P,E" Director

. Attachments

cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Chris Grose, Environmental Permitting Consultants, Post Office Box 2346, Hendersonville, NC 29793

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April 19, 2004

NC Department of Environment and Natural Resources
Water Quality Division
401/Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604

Attention: John Dorney

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~ WETLANDS /401 GROUP
APR 2 1 2004
WATER QUALITY SECTION

Reference: Section 404/401 Permit Application
Lake Lure Ingles
Rutherford County, North Carolina
EPC Project No.: 04pcn043

Dear Mr. Dorney:

Enclosed please find the Pre-Construction Notification Application Form for
Activities Affecting Waters of the United States for the proposed commercial
development located in Rutherford County, North Carolina. Ingles Markets, Inc.
(applicant) requests 401 certification under Nationwide Permit No. 39 to fill 25:1: linear
feet (0.002 acres) of an unnamed tributary of Cane Creek for the purpose of constructing
a commercial development. A retaining wall will be utilized by the applicant to keep
impacts to a minimum. Site location and project layout drawings are included with the
application package.

Thank you for your assistance with this project. If you have any questions or
need additional information, please call [phone].

Respectfully,

~~~

Chris Grose
Environmental Permitting Consultants, Inc,

Cc: Gordon Myers, Ingles Markets, Inc.
John Dorney, NCDENR (7 copies)
US Fish and Wildlife
NC State Historic Preservation Office
NC Wildlife Resources Commission

P.O. Box 2346. Hendersonville, North Carolina 29793 . [phone]

401 iSSUED

FILE COpy

Office Use Only:

Form Version May 2002

USACE Action In No. DWQ No. I
(If any particular item is not applicable to this project, please enter "Not Applicao e"

I. Processing

1. Check all of the approval(s) requested for this project:
IZI Section 404 Permit D
D Section 10 Permit D
IZI 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

2. Nationwide, Regional or General Permit Number(s) Requested: NWP #39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. Ifpayment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal ofPCN), complete
section VIII and check here: 0

5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: D

ll. Applicant Information

1. Owner/Applicant Information
Name: Ingles Markets. Inc.
Mailing Address: Attn: Gordon Myers
PO Box 6676
Asheville. NC 28816

WETLANDS /401 GROUP
APR 2 1 2004
WATER QUALITY SECTION

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Chris Grose
Company Affiliation: Environmental Permitting Consultants. Inc.
Mailing Address: PO Box 2346
Hendersonville. NC 29793

Telephone Number: [phone] Fax Number: [phone]
E-mail Address:[e-mail]

Page 5 of 12

m. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Lake Lure Ingles

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 526-1-18.526-1-8. 526-1-8A

4. Location
County: Rutherford Nearest Town: Chimney Rock
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take US Hwy 74 east from
Asheville. At Lake Lure. turn south (right) onto NC Hwy 9. After 0.4 miles. the site is
located northwest of the intersection ofNC Hwy 9 and Girl Scout Camp Road.

5. Site coordinates, if available (UTM or Lat/Long): 35.4108689~. 82.19836830W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Property size (acres): 15.4

7. Nearest body of water (stream/river/sound/ocean/lake): Cane Creek

8. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available athtt ://h2o.enr.st . . /a in/ma.s/.)

9.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment will be used to clear. grade. and construct a commercial retail site.

11. Explain the purpose of the proposed work: The purpose of the proposed work IS to
construct a commercial retail site.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T J.P. project, along with
construction schedules.
Jurisdictional Determination: USACE Action ill: 200330981 [July 28.2003]

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section vm below. If additional space is needed for
listing or description, please attach a separate sheet.

Page 7 of 12

1. Provide a written description of the proposed impacts: In order to obtain the grade
necessary for the construction of the site. 25 L.p. (0.002 ac.) of jurisdictional areas will have to
be filled. A retaining wall will be constructed by the applicant to keep impacts to a minimum.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact IOO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gmding, fIll,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** IOO-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femagov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).

List the total acreage (estimated) of all existing wetlands on the property: 0.002
Total area of wetland impact proposed: N/A

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
1 Fill 25 lIT of Cane Creek 5 Intermittent

,.

LIst each nnpact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
*'" Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (wmamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uSgs.gov.SeveralinternetsitesalsoallowdirectdownloadandprintingofUSGSmaps(e.g..w\Vw.topozone.com.
www.maPQUest.colll, etc.).

Cumulative impacts (linear distance in feet) to all streams on site: 25

Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:

Open Water Impact Area of Name ofWaterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A

*

List each impact separately and identifY temporary impacts. hnpacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

vn. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings ofaltemative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In order to avoid impacts as much as possible. a retaining wall will be utilized in the truck
loading area behind the building. Without the wall. the existing steep grades on the site would
the require excessive fill material in iurisdictional areas to obtain the grade needed for the
development

vm. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.enr.state. nc. us/ncwetlands/ strmgide. html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed due to the limited size of the impact to 25 L.F.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

Page 10 of12

IX. Environmental Documentation (required by DWQ)

Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaVstate) land?
Yes D No [gI

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A1SEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed ButTers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No [gI If you answered "yes", provide the following information:

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(SQuare feet) Mitigation
1 N/A 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.

Page 11 of 12

Ifbuffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A

XI. Stormwater (required by DWQ)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing imuervious area = 0.00 ac. The proposed imDervious area = 9.45 ac. The total acreage of the site = 15.4.
Three detention ponds have been proposed to accommodate this development. The post construction surface storm
water runoff peak flow rates from three detention ponds will not exceed existinJ:t conditions. All three ponds have
been designed to meet 85% pollutant removal efficiency -per NCDENR Storm Water Best Management Practices.

xu. Sewage Disposal (required by DWQ)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater generated from this oroiect will be collected through an on-site lmlvity sanitary sewer sYstem. Sanitary
sewer line will be extended to an existing sanitary sewer manhole located about 2.000 feet north of the site via the
ricl1t-of-way ofHwv. 9. The wastewater will be flowing to a wastewater treatment facility owned and oDerated by
the Town of Lake Lure.

xm. Violations (required by DWQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application?
Yes D No ~

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside ofthe applicant's control).

~F a "fOJjdr~tJ{/
APPlica~t~~signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

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loales

You Get A Lot More. You Pay A Lot Less.

Robert P. Ingle
Clmirmall sf t6r Il&trtl

Jim Lanning
Pnsitknt

April IS, 2004

To Whom I t May Concern,

This letter should serve as authorization fur Environmental Permitting Consultants, Inc. to act as
agents of Ingles Markets, Inc. in the matter of Section 404/40 1 permitting actions for the Lake
Lure Ingles project. Thank you,

Respectfully,

~~

Gordon Myers - Vice President
Real Estate Dept. -Ingles Markets, Inc.

Post Office Box 6676 . Asheville, NC 28816 · www.ingles-markets.com
Telephone: [phone] . Fax: [phone]

SITE LOCATION

REVISIONS

ENNIRONMENTAL GRAPHIC SCALE SHEET NO.
1000 0 1000 2000 VICINITY MAP
I ....J I I
PERMITTING. 1 inch = 2000 feet Lake Lure Ingles 1
Ingles Markets, Inc.
CONSULTANJTS, INC~ Post Office Box 3744 DRAWN BY: esg
Greenville, SC 29608 DATE: 14apr2004 Rutherford County, NC
Phone: [phone] USACE PIN:. OF 5
Fax: [phone] EPC PROJECT NO.: 04pcn043