20030366 Ver 1_COMPLETE FILE_20030326

0F wHrF9p)-
04 r
> =1
April 7, 2003
Henderson County
DWQ Project #: 03-0366
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
Highland Lake, Inc.
Attn: Kerry Lindsey
Post Office Box 88
Flat Rock, NC 28731
Dear Mr. Lindsey:
You have our approval, in accordance with the attached conditions, to impact 10 feet of stream for
the purpose of constructing a road crossing as you described in your application dated March 10, 2003.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3404, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 14
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.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
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
micnaei r. tasiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
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 Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Klimek, P.E., Di ctor
Office Use Only:
USACE Action ID No.
%A 111 w
? Section 10 Permit
9 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
If any particular item is not applicable to this project, please enter "Not A?®J?„ „agw ? an
leaving the space blank. ????VVUUrr
I. Processing
II.
Form Version February 2002
DWQ No.
401 MAR 2 6 2003
Check a ? ? ?R
all of the approval(s) requestLd t ' project: QUALITY SECTION
V Section 404 P
2. Nationwide, Regional or General Permit Number(s) Requested: N at to t?; de- ? It
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
Applicant Information
Owner/Applicant Information
Name: KEE--zz-f
LItJ `?
Mailing Address:_ P•D • R??
C
Telephone Number: &22,5- 693 - 9198 Fax Number: 6 s- (,0J_3-7,+o5
E-mail Address: ]C l i?nc?sefn G-' ?.a t1 fa,,dl-,Le,
2. Agent 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:
Company Affiliation:
Mailing Address:_ _
Telephone Number:
E-mail Address:
Fax Number:
Page 5of12
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.
Name of project-Ad' +Jlfn la? on 4,16(,"J Lal? Iwad a-h ??j (.ate
2. T.I.P. Project Number or State Project Number (NCDOT Only): NAI
3. Property Identification Number (Tax PIN):_ G?g577 5(oSi 9?SS
4. Location
County: _ N __e+'%d, y Nearest Town: _ (a-{- ?, ,
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):_fraw, ?enrLoyill:?- US 2$
w i +? ?}iq)il?.d Lake, Dv?ye _5. tt'. ?1»?s
5. Site coordinates, if available (UTM or Lat/Long):
(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. Describe the existing land use or condition of the site at the time of this application: ki ;vj
7. Property size (acres): 0.75
8. Nearest body of water (stream/river/sound/ocean/lake): Tre?,G??S ( k 6, k-a og" Greek')
9. River Basin:?Ir gjro
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/niaps/.)
Page 6 of 12
10. Describe the purpose of the proposed work:
11. List the type of equipment to be used to construct the project: g,-ie?k,..P_
12. Describe the land use in the vicinity of this project: AI I Week ? 1
J ..1 a- - . , bGG{/? w i 1 Vim o
i
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 ID 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.I.P. project, along with
construction schedules.
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.
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 VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
l . Provide a brief written descriptio?jn of the proposed impacts:_5,a_b*si01n 1&2 ill 6-C, ap?J ic, a' • uis+i01
60 CK __G441~-I UKLy Rii'?`Lalct? FD? • All wn? will oczyy W1ikiN? sto+'o NDaj INs am a
?v"'44 y-SI.eu-tI m p?. !;Wsfyvb4.d ;?cG,td, Crave,
i u.:11 be-
w4initwtel.
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no (linear feet)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-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 athtti)://www.fema.gov.
*** List a Actland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of all existing wetlands on the property: Q
Total area of wetland impact proposed: Q
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width
Site Number Type of Impact* Impact Stream Name** of Stream
indicate on ma linear feet Before Impact
Perennial or
Intermittent?
" List each impact 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 (unnamed 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.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone com,
www mapaue$t com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: (b L. F.
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
Site Number

indicate on ma
Type of Impact* Area of
Impact

acres
Name of Waterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

* List each in act s
p e aratel ad
'd
t
t i
p y n en
? l y
emporary impacts. Impacts 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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): I'l 'k
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
size of watershed draining to pond: N,&_ Expected pond surface area: hJ,tSS
VII. 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 of alternative, 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.
1 .1 A
VIII. 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://h2o.enr.state.nc.us/ncwetlands/stn-ngide.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.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at bttp://h2o.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
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No f
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No 13 NA
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ? NVk
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) NA
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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify-
).
Yes No ? 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.
-uc,e i extends out 30 feet perpendicular fi
additional 20 feet from the edge of Zone 1.
extends an
Page I I of 12
If buffer 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.
KI I&
XI. Stormwater (DWQ Only)
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. KAI
XII. Sewage Disposal (DWQ Only)
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the- fact permit application?
Yes ? No X
MV. 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 of the applicant's control).

3- I(D 03
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
, -416 J:
1W I
w/ 1 w 75 tt ?.• • 9•a. : ?•. y 'N.? r to 7p '
. . .• - \ ? fi.c •.? rl? Slay •1? ' '" ?tC I••
•? • ..?a+Y ?• `` Y• {%• ,.'r . J, ?• = ill ?•'•
-r r.1
1 q Q.•r ? ? ? ?+5f'FtSr1f74rSOn '}?'?, ???
• •, '{ •• • •'. `• IV W. ?, •`s .' r.? r NJ!h tirhrdl
e^ .t
r: :•w• ?mo. ••i.4
:4 !A
?' $ Fhrll.t;a i Our lull \ ?l1 ..?•• ,_i
eut • of the-
Hills
-'I a'?. •1 . • . CUD]?1 t?',Ilfrrv ,tli ! • .µ ,.\I' •jj?
ti e ?1: . ' 1 ••,• Vd1'Da1,; ?4 M : ?} v?• b" t S
Tranho1rh
Mtn 1' 1Jrtdrmaa lnk ! •'~
• . •. - f •. ,?.
. ? •. Eastr,Flat Kock l r ...r
• , Itonclarlrbn «.•' ' till., I
tsq
t 1_ ' . ? ? .• . y?.1a•u mh1Y1. ,?. ' • ? • Et?.0%7 ?•
-Flat Rbt•k ' •Y{an•.it •• rlG,troundw•l •? ?. ?L? ?.?`.. r
oses
• :, ?• big ?yy?yy•??i??iLLLL_...???........,,,,,, i,. `•? `.• ,
.K rr', ,. (..M• ??. I ?\ • ? ?•.: 4(,1 ?.I: • ??Alir?flr(' •? i wi •• ?n'/ •. ' ?\ ,• V. "?'.
,?? ??l Flat Rock ® ?; .?• tt,
WON
• • • .Wet r ?, • . Mud Grook • ' 3 ` a Fives
. , °_ Awembly Ground A ~ ' . • 1 Polvit:
ttt ? i' f
- `t _ t ,{ ? 1111, ,•.
sow K.
?• ?. y t
Name: HENDERSONVILLE Location: 035.1T 00.1" N 082° 28' 01.0" W
Date: 5/29/2000 Caption: Highland Lake (formerly called Madonna Lake)
Scale: 1 Inch equals 2000 feet
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 199931093 County Henderson
GENERAL PERMIT (NATIONWIDE) VERIFICATION
Property owner: Kerry Lindsey
Address: Post Office Box 1026 C(DPY
Flat Rock, North Carolina 28731
Telephone No.: . [phone]
Size and Location of project (water body, road name/number, town, etc.):
Highlands Lake, an approximate 106 acre planned mixed-use development at the
intersection of Highland Lake Road and Highland Park Drive in the Village of Flat Rock,
NC. An unnamed tributary to King Creek and adjacent wetlands exist on the property.
Description of Activity:
to discharge fill material into the unnamed tributary to King Creek and 0.1 acre of
wetlands in conjunction with the construction of a stormwater detention structure,
backfill for two sewerline crossings of the stream, and the installation of three roadway
culverts.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
26 Nationwide Permit Number.
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with
the attached nationwide permit general conditions and special conditions, and your submitted plans.
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of
the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate
State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the Nationwide Permit, please
contact the Corps, Regulatory Official specified below.
Date: December 2, 1999
Corps Regulatory Official David Baker Telephone No. .(8281271-4856
Expiration Date of Verification January 5, 2001
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CFSAW Wrm 591
Reviled Inly 1995
Action Id. 199931093, Kerry Lindsey '
SPECIAL CONDITIONS
1. All conditions outlined in the enclosed August 13, 1999 NC Wildlife Resources
Commission letter are conditions of this permit (with the exception of condition 6
which has been deleted due to project revisions).
2. All conditions of Section 401 Water Quality Certification Number 99-0643, dated
October 14, 1999, are conditions of this permit.
3. Structures labeled A-G, including the tower within
Exhibit A), shall be Highland Lake Village (shown on
pile supported resulting in minimal ground disturbance to the
floodplain in which the endangered bunched arrowhead (Saggitaria fasciculata?
colony occurs.
4. The forested canopy of the wetland area in which the Saggitaria colony occurs shall
not be ,altered or disturbed. Clearing limits associated with the development of
Highland Lake Village shall be clearly demarcated to prevent disturbance of the
wetland near the Saggitaria colony during construction.
5. Stormwater runoff from impervious surfaces associated with Buildings A-E,
including the tower within Highland Lake Village, shall be directed to constructed
dry wells allowing groundwater and subsurface water recharge.
6. The storrnwater detention structure design shall allow unobstructed flow, in the
channel during all rainfall events less than the 25-year storm.
7. Stringent sedimentation and erosion control measures shall be implemented around the' including daily monitoring,
wetland plus upl
Saggitaria colony and buffer perimeter around the
.
8. A conservation plan to provide for protection and management of the Saggitaria
colony shall be developed, approved, and implemented prior to undertaking any
construction activities within Highland Lake Village.
Service shall be included in the development of the plan. The co?nser ationdplann shall
include measures to monitor, manage, and protect the species and its ha Monitoring reports generated by the plan shall be furnished to this office for a
minimum of three years from the date of this permit.
NOTE:
It is recommended that a conservation easement with a reputable organization such as the
Nature Conservancy or the Carolina Mountain Land Conservancy be formulated to
protect the Saggitaria colony and surrounding wetland habitat in perpetuity.

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 6, 1999
DWQ Project #: 990643
Henderson County
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Kerry Lindsey
Highland Lake
Post Office Box 1026
Flat Rock, North Carolina 28731
Dear Mr. Lindsey:
You have our approval, in accordance with the attached conditions to construct road crossings and install underground water
and sewer utilities totaling 372 feet on two unnamed tributaries to King Creek, at the Highland Lake Development in Henderson
County, as you described in your application received by the Division of Water Quality on June 18, 1999 and in subsequent
correspondence forwarded on June 7 and July 29, 1999. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3101, 3103 and 3108. This Certification allows you to use Nationwide
Permit Numbers 12, 14 and 26 when issued by the U.S. Army Corps of Engineers. 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, Non-
Discharge and Water-Supply Watershed regulations. Also, this approval will expire when the accompanying 404 Permit expires,
unless otherwise specified in the General Certification. This Certification replaces the one issued to you on 14 October 1999.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the 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 a s
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and the conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters. Potential
buyers of these lots shall be required to notify the state of any requested future wedand or water impacts Th6se mechanisms shall
be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. Stormwater controls described in your July 29, 1999 correspondence shall be constructed in order to protect surface waters and
wetlands do2wnstream from the property. An additional condition is that a final written storm water management plan shall be
approved by this Office before the impacts specified in this Certification occur. The stormwater management plan must include
plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version
of the NC DENR Stor?nwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject
site, the facilities, as approved by this Offree, shall be constructed and operational, and the stormwater management plan, as
approved by this Office, shall be implemented.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a heating.
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 919-733-9646.
S' rely,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
DWQ Regional Office
John Dorney
Central Files
Wetlands/401 Unit
Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4401 Reedy Creek Road Raleigh, North Carolina 27607
FAX # [phone]
50% recycled/10% post consumer paper