20090901 Ver 1_Restoration Plan Review_20090903

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 3, 2009
Dee Freeman
Secretary
DWQ Project # 09-0901
Henderson County
Mr. M. Randall Turner
Restoration Systems, LLC
1101 Haynes Street
Raleigh, NC 27604
Subject Property: Shoal Falls Farm Restoration Site
Crab Creek [040302, 6-38-23, C, HQW, Tr]
Shoal Creek [040302, 6-38-23-4, C]
Dear Mr. Turner:
On August 20, 2009, by the N.C. Division of Water Quality (DWQ) received an application for the
construction of the above-referenced site. You have applied concurrently to the U.S. Army Corps of
Engineers for a Nationwide Permit 27 for the impacts associated with stream restoration and
enhancement.
Based on review of the 401 Water Quality Certification approval issued by DWQ to the Cliffs
Communities on August 26, 2009 and consultation within DWQ, the impacts associated with the above-
referenced activities have already been approved under the above-referenced Individual Certification.
However, The Restoration Plan submitted with the Pre-Construction Notification indicates that a Priority
2 restoration is proposed for Reach 4 of Shoal Creek. This proposed approach contradicts the The Shoal
Falls Farm Mitigation Site - Technical Report (May 2008), submitted as part of the Individual Permit
application, which indicated that Enhancement 2:was the proposed approach for lower Shoal Creek
(Table 4, and Figure 6).
DWQ does not approve of a restoration approach on this reach, as this stream appeared to exhibit fairly
high aquatic function during the site visits. This was reflected in the mitigation summary table on Page
10 of 15 of the 401 Water Quality Certification approval letter (see attached). The table indicates that the
type of mitigation approved was enhancement. Re-shaping of the stream banks, installation of limited
grade control structures and establishment of vegetation is approved. No large-scale channel
reconstruction is authorized.
The stream restoration/enhancement must be constructed, maintained, and monitored according to the
plans approved by this Office and in compliance with the conditions stated above and in the August 26,
2009 approval letter. Any repairs or adjustments to the site must be made according to the approved
plans or must receive written approval from this Office to make the repairs or adjustments.
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hdp://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
,Alatura!!tf
An Equal Opportunity 1 Affirmative Action Employer
Mr. M. Randall Turner
Page 2 of 2
September 3, 2009
It should be noted that approval of the proposed project means that DWQ has determined that the
proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC
2H .0506(a)), and does not represent an approval of credit yield for the project. Credit yield will
ultimately be determined based on achievement of the project goals and successful completion of the site
monitoring requirements.
Please feel free to contact Cyndi Karoly in the Central Office in Raleigh at [phone] if you have
any question regarding this letter or project.
CHSIEWK
Sincerely,
o e H. u Tins
Enclosures: Approval of 401 Water Quality Certification - the Cliffs at High Carolina
cc: Kevin Barnett - DWQ Asheville Regional Office
Steve Lund - USACE Asheville Regulatory Field Office
John Hennessy - DWQ Non-Point Source Compliance and Assistance Unit
File Copy
Filename: 090901Shoa1Fa11sFarm(Henderson)401Approval
Beverly Eaves Perdue
Governor
YX.WA
DEEM
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 26, 2009
Mr. Don Nickell
The Cliffs Communities
3598 Highway 11
Travelers Rest, SC, 29690
Re: The Cliffs at High Carolina, Buncombe County
DWQ Project # 20080880; USACE Action ID. No. 200701619
Ut to Swanannoa River [040302,6-7-8, C]; Ut to Licklog Branch [040302,6-7-8, C];
Ut to Flat Branch [040302,6-7-8, C]; Rocky Fork [040302, 6-57-4, C, TR];
Lit to Ellison Branch [040302, 6-57-4, C, TR]; Ut to Cane Creek [040302, 6-57-4, C, TR]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Nickel I:
Dee Freeman
Secretary
Attached hereto is a modification of Certification No.3804 issued to The Cliffs at High Carolina, dated
July 2 2009. In addition, you should get any other federal, state or local permits before you go ahead with
your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
oIeen H. S lli
CHSIcbk/jeh
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Roger Edwards, DWQ Asheville Regional Office
Liz Hair, USACE Asheville Regulatory Field Office
Matt Matthews, Surface Water Section Chief
Jay Zimmerman, DWQ Raleigh Regional Office
Cyndi Karoly, Wetlands and Stormwater Branch
John Hennessy, Wetlands and Stormwater Branch
Gray Hauser, Division of Land Resources
Jennifer Robertson, WNR, PO Box 882, Canton, NC, 28716
Shannon Deaton, NC Wildlife Resources Commission
4010versighUExpress Review Permitting Unit
1650 Mall Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet http:ph2o.enr.state.nc.usJncwetlands/
NorthCarohna
Naturally
An Equal Opportunlty 1 Affirmative Action Employer
The Cliffs at High Caroliq
Page 2 of 15
August 26, 2009
Dave McHenry, NC Wildlife Resources Commission
David Gantt, Buncombe County Commissioner, 82 Church St., Asheville, NC, 28801
Nathan Ramsey, Chairman, Buncombe County Commissioners,
60 Court Plaza, Asheville, NC, 28801
Austin Gerken, Southern Environmental Law Center,
29 N. Market St., Suite 604, Asheville, NC, 28801
File Copy
Interested Parties from DWQ Public Hearing of November 18, 2008
The Cliffs at High Carolina
Page 3 of 15
August 26, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 214, Section .0500 to The Cliffs at High Carolina to fill 0.223 acres wetlands acre
of 404 jurisdictional wetlands, 0.03 acre of open water, and 3292 linear feet of streams in the French Broad
River Basin, to construct a residential subdivision, golf course, and associated infrastructure at the Cliffs at
High Carolina development. The site is located off Patton Cove Road near Swannanoa in Buncombe
County, North Carolina, pursuant to a permit application received by the DWQ on May 28, 2008,
advertised by Public Notice issued by the US Army Corps of Engineers on July 3, 2008, and as described in
additional correspondence received by the DWQ on July 3, 2008, September 15, 2008, October 31, 2008,
November 20, 2008, December 29, 2008, January 8, 2009, February 17, 2009, and May 12, 2009, and a
request for modification received on August 25, 2009. Impacts to Site 36 and a portion of Site 37 located
on the golf course section of the project are not included in this authorization. The certification replaces the
original certification approved on July 2, 2009.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
Sediment & Erosion Control Measures
i. Appropriate sediment and erosion control practices in order to assure compliance with the appropriate
turbidity water quality standard of 10 NTUs must be implemented;
a) The approval for the stream impacts is contingent upon the approval by the Division of Land
Resources to disturb trout buffers. If the Division of Land Resources does not issue an approval
to disturb trout buffers, then impacts to those streams (including but not limited to stream
relocations) within the protected trout buffers shall not be allowed. If the Division of Land
Resources allows some buffers to be disturbed but not others, then only the streams with in the
buffers approved for disturbance by the Division of Land Resources and approved for impact by
this certification may be impacted.
The Cliffs at High Caroliqa
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August 26, 2009
b) For all streams classified as Trout Waters, the trout waters turbidity standard of 10 NTUs must be
adhered to at all times. If the back ground turbidity is greater than 10 NTUs, background turbidity
must be documented and there shall be no increase in turbidity from the activity of 10 NTUs
above the documented background. As part of the requirements to comply with the turbidity
standard the following practices at a minimum must be implemented (Other practices in addition
to those listed here may be necessary to comply with the turbidity standard and, if needed must be
implemented by the applicant. Any additional practices applied involving chemical treatment not
specifically noted in this Certification should be submitted for review and approval to DWQ and
thereafter implemented in accordance with DWQ's approval).
c) For all streams located upstream of Lake Tsuga, The design Standards in Sensitive Watersheds (15A
NCAC 04B .0124) must be adhered to throughout the life of this project. Erosion and sedimentation
control measures must be designed following the practice standards and specifications in the most recent
version of the Erosion and Sedimentation Control Planning and Design Manual and Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124)
i) Surface area of temporary sedimentation traps and basins shall be based on the
peak runoff from the 25-year storm and 435 square feet of surface area shall be
provided for each cubic foot per second of peak runoff into the basin.
ii) Sediment storage volume of temporary sedimentation traps and basins shall be a
minimum of 3600 cubic feet per disturbed acre or the product of the surface area
and minimum depth requirement, whichever is greater
iii) Temporary sedimentation basins shall dewater from the surface, except that
temporary sedimentation traps with a stone spillway may be used in drainage
areas of less than one (1) acres.
iv) Additional measures such as chemical flocculation or sand filters shall be used to
prevent a violation of the water quality standard for turbidity
v) The applicant is required to immediately notify the Division of Water Quality
Asheville Regional Office of any written approved from the Director of the
Division of Land Resources that authorizes a maximum clearing limit in excess
of the 20 acre maximum required by the aforementioned regulations.
d) Ground cover is established as specified below
i) Staff must be identified and trained to conduct the above maintenance and inspection
activities. Additionally, the crew must maintain inspection logs that must be posted
onsite in a specified location for review by regulatory agencies to ensure that the
above requirements at a minimum,are being met.
ii) In clear areas where grading has been completed, ground cover (temporary or
permanent) shall be established within seven (7) days of completion of clearing and
within 24 hours of completion of grading. However, if the grading is continuous and
has not been completed within 7 days of clearing, then the ground cover (temporary
or permanent) shall be established within 2 calendar days of the completion of the
grading. All seed bed preparation, seeding and mulching shall be conducted
according to the erosion and sedimentation control plan approved by the Division of
Land Resources or the appropriate delegated program. Approved rolled erosion
control products based on the manufacturer's specifications or similar covers shall be
used on all slopes. Approved matting based on the manufacturer's specifications, or
alternative control measures that are more protective that are specifically approved
for this project by the Division of Land Resources or the appropriate delegated
The Cliffs at High Carolina
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August 26, 2009
program shal I be used for all road shoulders and ditches. In areas where straw is
applied, it must be applied at a rate and in a manner approved by the Division of
Land Quality or the appropriate delegated program. Sod may be used in lieu of the
above ground covers, provided that the installation of the sod begins within 24 hours
of the completion of grading. During the placement of sod, sod shall first be placed
around storm drain inlets and perimeter of the cleared area. The applicant shall make
all reasonable efforts to assure survival of groundcover vegetation.
iii) All disturbed surfaces within 50 feet of a stream shall be covered within 24 hours of
the completion of clearing.
iv) Concentrated discharges into filter strips or protected buffers shall be made to flow in
a diffuse manner through out the entire filter strip or buffer. This may be achieved
using level spreaders on slopes of less than 6% or, on steeper slopes, by using hand
dug contour berms overlain with erosion control fabric at intervals of 10 feet
perpendicular to the flow. Both ends of each berm, shall be turned up slope for a
distance necessary to cover one vertical foot of contour to prevent bypasses.
v) Construction must be conducted in phases according to the erosion and sediment
control plans approved by the Division of Land Resources, or the appropriate
delegated authority. Except for stockpiles, each phase shall be completely stabilized
before construction can begin in the next phase. When any material is added to or
removed from a stockpile, it must be covered or stabilized within 24 hours.
vi) All materials required for temporary stabilization of each phase shall be on site
before land disturbance for that phase begins. Variation from this condition is
allowed if authorized in the trout buffer variance issued by the Division of Land
Resources.
vii) A monitoring plan for stability of the remaining streams and wetlands downstream of
the project site to the property boundary must be approved in writing by the Division
of Water Quality before any of the impacts approved in this certification occur. If
the streams and/or wetlands develop indications of instability, including but not
limited to stream bed aggradation or degradation and/or stream bank erosion or
failure, as determined by the Division of Water Quality then a remedial action plan
must be developed within 90 days of the determination. The remedial action plan
must be approved in writing by this office and implemented within 90 days of the
receipt of the written approval.
viii) A tree removal plan must be provided for written approval from the Division of
Water Quality before any of the impacts approved in this Certification are
conducted. The plan must include a process to identify and remove trees along
streams at fairway crossings. The goals are to maintain adequate vegetation in order
to maintain the temperature standard and to prevent damage to the streams from
dropping trees,
ix) In-stream turbidity control measures other than sediment basins and traps such as
PAM mats are allowed if required by the Division of Land Resources, or the
appropriate delegated authority.
The Cliffs at High Carolina
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August 26, 2009
x) No land-disturbing activity shall be undertaken within a buffer zone adjacent to
designated trout waters that will cause adverse temperature fluctuations, as set forth
in 15A NCAC 2B .0211 "Fresh Surface Water Classification and Standards", in these
waters.
xi) Permanent stormwater management practices shall be provided to prevent thermal
pollution following the design guidance in the Urban Waterways Fact Sheet
"Stormwater BMPs for Trout Waters" (AGW-588-10) by Matthew P. Jones and
William F. Hunt, Ph.D., North Carolina Cooperative Extension Service, NCSU.
xii) During construction, the applicant or its duly authorized agent(s) shall report to DWQ
upon experiencing a rainfall event in excess of one inch in a 24 hour period and a
release of sediment from the construction into any stream.
2. Unless more protective requirements are otherwise specified in this certification, erosion and
sediment control practices must meet all specifications governing the proper design, installation and
operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures should not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream 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 or
locally delegated program has released the project.
The Cliffs at High Carolina
Page 7 of 15
August 26, 2009
Impacts Authorized
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved, including impacts at Sites 36, and a
portion of Site 37 located on the golf course section of the project as well as incidental impacts.
Impacts to the stream at Site 36 is allowed for the construction of a bridge to allow for construction of
a golf cart path along hole number 7. For purposes of clarification, the authorized impacts are for the
northern most 854 linear feet of stream located at impacts site 37. The authorized impacts at site 37
are to be constructed in accordance with the designs submitted with your supplemental information
dated August 25, 2009.
Table of Authorized Impacts for Cliffs of High Carolina
Authorized Wetlands Impacts
Impact Site Authorized
Impact
acres Subtotal
(acres)
Road Crossings
Site 16a 0.135
Site 63 0.004
Subtotal 0.139

Golf Course
Site 31 0.008
Site 32 0.014
Site 33 0.027
Site 34 0.024
Site 38 0.011
Subtotal 0.084

Total 0.223
The Cliffs at High Carolina
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August 26, 2009
Authorized Streams Impacts
Impact Site Authorized Authorized
Permanent Temporary
Impact Impact
(linear feet) (linear feet) Total
Authorized
Impact
(linear feet)
Road Crossings
Site 3 59* 40 40
Site 12b 20 10 30
Site 13b 40 10 50
Site 16 80 10 90
Site 17 50 10 60
Site 19 80 10 90
Site 20 80 10 90
Site 21 80 10 90
Site 21 b 20 0 20
Site 23 80 10 90
Site 23b 80 10 90
Site 24 80 10 90
Site 25 80 10 90
Site 25b 40 0 40
Site 25c 80 10 90
Subtotal 890 160 1050
Golf Course
Site 26 275 0 275
Site 27 211 0 211
Site 28 375 0 375
Site 29 234 0 234
Site 30 171 0 171
Site 35 122 0 122
Site 37 854 0 854
Site 39 0 0 0
Site 40 0 0 0
Subtotal 2242 160 2242

Total 3132 160 3292
* Impact approved in 401 WQC in 2008 not included in totals
Authorized Impacts to Other Waters
Impact Site Authorized Permanent
Impact acres
Site 41 0.03
The Cliffs at High Carolina
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August 26, 2009
5. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original grade,
including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed
and bed profile after construction is complete or within 6 months of the establishment of the crossing,
which ever is sooner, and the various sites shall be stabilized with natural woody vegetation (except
for the maintenance areas of permanent utility crossings) and restored to prevent erosion. If the
crossings are not completely removed and restored as described above within the specified time
above, additional written approval from this Office must be obtained to modify this condition.
Mitigation of Impacts
6. Mitigation
Compensatory mitigation for impacts 3132 linear feet of streams shall be provided as described
below. This certification authorizes construction of the mitigation site titled "Restoration Plan Shoal
Falls Farm Restoration Site, Henderson County, North Carolina". The supplemental data
(morphologic tables) submitted in your June 17, 2009 email supersedes the information submitted in
the original plan. All other information submitted in the original plan is approved by this
certification. The credits generated at this site and authorized for use by this certification are
described in the table below. Any additional mitigation credits for wetlands or streams shall be
authorized for use to offset impacts in another 401 Water Quality Certification.
On-Site Stream Miti a,?? lion
Mitigation for impacts to 7161 inear feet of streams shall be provided onsite as described in the table
below. Per your supplemental application titled, "The Cliffs of High Carolina, DWQ Response to
Request for More Information, April 30, 2009", compensatory mitigation for impacts to jurisdictional
streams shall be provided as described in the table below. The specific streams and buffers that apply
toward this mitigation shall be those identified in your application.
Conservation Easement
A signed conservation easement for all the preserved streams located on the site shall be submitted to
the Division of Water Quality for approval. After the conservation easement is approved by the
Division of Water Quality, the applicant shall place the appropriate deed notifications or similar
mechanisms to ensure that the conservation easement is enforced in the future. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this
Certification. A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
ref Site Stream Mitigation
Mitigation for impacts to 2416 linear feet of streams shall be provided offsite as described in the table
below. This certification authorizes construction of the Shoals Farm Mitigation site. The site shall be
constructed as described in your application. Minor alterations to channel pattern, dimension, and
profile and buffer plantings are permitted during construction to accommodate unforeseen site specific
conditions that are discovered during construction of the site. Should changes to the design exceed
what DWQ considers to be minor, then the applicant and/or its hired contactors may be subject to all
compliance actions necessary to rectify the unauthorized actions, including potential civil penalty
assessments.
The Cliffs at High Carolina,
Page 10 of 15
August 26, 2009
Mitigation Site Actual Linear Feet
of Streams Type of Mitigation Ratio Stream Mitigation
Units (to offset
impacts) Total
Onsite Mitigation
Restoration 534 Restoration 1:1 534
Enhancement I 30 Enhancement I 1.5:1 20
Enhancement II 404 Enhancement 11 2.5:1 162
Subtotal Onsite
Mitigation 716

O site
Shoals Farm Road
Site (Crab Creek) 2276 Restoration 1:1 2276
Shoals Farm Road
Site (Shoal Creek
Reach 2) 324 Preservation 5:1 65
Shoals Farm Road
Site (Shoal Creek
Reach 3) 68 Enhancement 1.5:1 45
Shoals Farm Road
Site (Shoal Creek
Reach 4) 45 Enhancement 1.5:1 30
Subtotal Offsite
Ml ti ation 2621

Total 3132
Trout Protections
7. Trout Moratorium
In stream work and land disturbance within the 25-foot buffer zone are prohibited during the
trout-spawning season of October 15 through April 15 to protect the egg and fry stages of
trout from sedimentation
Trout Monitoring
The applicant shall develop a plan for monitoring the brook trout populations for all the streams
located upstream of the pond (Lake Tsuga) located on the golf course. The plan shall be submitted to
the DWQ and the NC Wildlife Resources Commission no more than 90 days after the effective date
of this 401 Water Quality Certification. After DWQ approves the plan, it shall be implemented. The
plan shall include, but not necessarily be limited to, an annual in stream sampling protocol to
determine if the streams are supporting the brook trout populations, a comprehensive instream
macroinvertebrate sampling regime, and a proposed remediation plan if the in stream sampling
indicates that brook trout populations are no longer present. The report shall be submitted on an
annual basis to the Division of Water Quality in conjunction with all other monitoring requirements
of this certification. In the event that the streams cease to support the brook trout populations and
the proposed remediation plan fails to restore the brook trout populations to the site, the applicant
shall undertake all necessary actions, as approved by DWQ and in consultation with WRC, to restore
the brook trout populations.
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August 26, 2009
Culvert Installation & Monitoring
9. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.ndf) such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing
water.
10. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed 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 48 inches, to allow low flow
passage of water and aquatic life. Culverts required for this project shall be installed in such a manner
that the original stream profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each
culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to
prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re-installed correctly.
11. For all streams located upstream of Lake Tsuga, the applicant shall establish a photographic monitoring
protocol to ensure that no streambank destabilization occurs downstream of all approved stream
impacts and stream crossings. The protocol shall be submitted to, and approved by DWQ, before any
impacts to streams occur. The protocol shall include, but not necessarily be limited to photographs of
the streams and streambanks for the referenced areas in their preconstruction and post construction
state. The frequency of monitoring shall be once every six months. The collected data shall be
submitted to DWQ annually no later than December 31". After initiation of project impacts,
photographs of all the required areas shall be provided to DWQ to prove that streambank destabilization
is not occurring in these areas. If streambank destabilization is occurring, then the applicant is required
to report the problem to DWQ and develop a plan for approval by DWQ to immediately stabilize the
impacted streambanks. No streambank stabilization shall occur without DWQ approval. The
establishment of native, woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
Site Specific Conditions
12. Final Construction Drawings
Two copies of the final construction drawings shal I be furnished to NCDWQ prior to the pre-
construction meeting. Written verification shall be provided that the final construction drawings
comply with the attached permit drawings contained in the Application dated May 28, 2008,
advertised by Public Notice issued by the US Army Corps of Engineers on July 3, 2008, and as
described in additional correspondence received by the DWQ on July 3, 2008, September 15, 2008,
October 31, 2008, November 20, 2008, December 29, 2008, January 8, 2009, February 17, 2009, and
May 12, 2009.
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
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August 26, 2009
14. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities
as stipulated by conditions in the permit. Full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A
copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.ne.uslsulForms Documents.htm
15. Notification of Work & Preconstruction Coordination
DWQ's Asheville Regional Office shall be notified in writing at least two (2) days before any impacts
to jurisdictional waters or wetlands occurs on site. In addition, prior to incurring any impacts to streams
or wetlands, the applicant shall conduct a preconstruction meeting with DWQ staff to review all the
conditions of the 401 Water Quality Certifications to ensure that no misunderstanding of each parties
rights, responsibilities, or requirements.
16. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts as approved by this Certification. 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.
17. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities.
18. Continuing Compliance
The Cliffs at High Carolina shall conduct construction activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are necessary to
assure compliance, the Division may re-evaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the Certification, the Division shall notify The Cliffs at High Carolina
and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 211.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to The Cliffs at High Carolina in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
• The Cliffs at High Carolina
Page 13 of 15
August 26, 2009
19. For all waters classified as trout waters, the trout waters turbidity standard of 10 NTUs must be
adhered to at all times. If the back ground turbidity is greater than 10 NTUs, background turbidity
must be documented and there shall be no increase in turbidity from the activity of 10 NTUs above
the documented background. As part of the requirements to comply with the turbidity standard the
following practices at a minimum must be implemented (Other practices in addition to those listed
here may be necessary to comply with the turbidity standard and, if needed must be implemented by
the applicant. Any additional practices applied involving chemical treatment not specifically noted in
this Certification should be submitted for review and approval to DWQ and thereafter implemented in
accordance with DWQ's approval.).
20. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills.
21. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers.
22. Heavy equipment shall be operated from the banks rather than in the stream channel in order to
minimize sedimentation and reduce the introduction of other pollutants into the stream.
23. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
24. No rock, sand or other materials shall be dredged from the stream channel except where authorized by
this certification.
25. A copy of this Water Quality Certification and all subsequent modifications, if any, shall be maintained
on site at the construction site at all times. In addition, the Water Quality Certification and all
subsequent modifications, if any, shall be maintained by the on-site project manager.
26. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities.
Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification.
27. The applicant shall report any violations of this certification to the Division of Water Quality within 24
hours of discovery.
28. Performance/Surety Bond
The applicant shall provide a surety bond (or equivalent instrument) in favor of the State of North
Carolina, executed by a surety approved by the Commissioner of Insurance. In consultation with DWQ,
the applicant shall ensure that the amount of the bond will cover all necessary costs to stabilize the site
to prevent any erosion or sedimentation impacts to waters of the state. In addition, the bond shall
require any and all corrective actions be undertaken to ensure site stability is maintained for a period of
3 years from the date of listed insolvency or cessation of work on the site. This bond shall be provided
within ninety days of receipt of the Certification, must be continuous in nature, and must bind to the
applicant and/or any other owners of the property as well as their heirs and successors. The bond shall
be conditioned upon the faithful performance of the requirements set forth in this condition. Upon filing
the bond with the Department, the applicant and/or any other owners of the property and any
subsequent successors or heirs shall lose all right, title, and interest in the bond while the bond is held
by the Department. The bond shall be maintained until the site construction is completed and
The Cliffs at High Carolina '
Page 14 of 15
August 26, 2009
permanently stabilized and approved in writing by the Division unless released via written notification
from the Division. In no event shall the liability to the surety exceed the amount of the surety bond
required by this Condition. Notification shall be given upon completion of compliance or acceptance by
the Division of a substitute bond. This bond shall remain in force until canceled by the surety.
Cancellation by the surety shall be effectuated only upon 60 days written notice thereof to the Division
and to the operator. If the surety bond is canceled, then the applicant and/or any other owners of the
property as well as their heirs and successors shall provide a new surety bond within ninety days of the
cancelation that also meets the same requirements as previously described in this Condition. If that new
surety bond is not issued in this time frame, then this Certification is null and void. This surety bond
may be terminated by the State of North Carolina upon an affirmative showing that the improvements
and the monitoring have been successfully accomplished. This Certification is only effective once the
required performance/surety bond is in place.
Monitoring
29. Surface Water Monitoring
Monitoring of surface water quality shall be conducted through the collection of surface water samples
during the months of March and September of each year at the following locations:
• At the bridge crossing downstream of the confluence of the streams located North of Fairway
#6 and South of the #6 Tees
• Within 50 feet upstream of Lake Tsuga at the where the northern tributary enters the lake
• Within 50 feet downstream of the confluence of the streams located North and West of the
Practice Range
• At the bridge crossing located East of Lake Tsuga and between the No. 9 Tees
• At the outfall from Lake Tsuga
Surface water samples must initially be collected prior to beginning construction of the golf course and
prior to the initial application of fertilizers, herbicides, pesticides or fungicides on the course. All
surface water samples shall be analyzed for the following parameters:
• Nitrate Nitrogen
• Ammonia Nitrogen
• Herbicides, Pesticides and Fungicides as specified in Table I of the report titled,
"Geologic/Hydrogeologic Assessment, The Cliffs At High Carolina, Swannanoa, North
Carolina", dated April 20, 2009
The report shall contain the results of each monitoring event, shall describe any changes to water
quality since the last sampling event and historical trends, and provide specific recommendations for
corrective action, in the event the water quality becomes impaired. In the event any constituents, are
detected in the surface water sample results, additional samples may be required and shall be collected
as specified by the Division's Asheville Regional Office, to include the collection of groundwater
samples. In the event any compounds specified above are changed, the required analysis of surface
waters shall be amended to include the new compounds.
30. Turbidity Monitoring
To ensure protection of the existing uses in the streams located upstream of the pond, the applicant
shall develop and implement a turbidity monitoring protocol for use during construction of the golf
course. The monitoring plan shall be developed and submitted to, and approved by DWQ, prior to
any impacts occurring on the project site. If at any time during construction, the turbidity monitoring
reveals a violation has occurred, then all grading activities shall cease and actions to stabilize the site
shall immediately commence. Grading activities shall recommence only after the site has been
stabilized.
The Cliffs at High Carolina
Page 15 of 15
August 26, 2009
31. Monitoring Annual Report
The purpose of this condition is to consolidate the various monitoring requirements. A single
monitoring report shall be submitted to the Division of Water Quality. The report shall be due January
51h of the beginning of each year. It shall encompass data for all the monitoring requirements that
occurred for the prior calendar year. It is recognized that the total period of monitoring required will be
different for each monitoring plan. An as example, the turbidity monitoring plan will cease to be
necessary at some time after the construction of the project is complete. As another example, the
Stream bank Stabilization Monitoring Plan and the Surface Water Monitoring Plan may continue for
sometime after the construction phase of the project is complete. Thus, each plan shall have included in
it a mechanism for requesting the cessation of the monitoring requirement from DWQ. The Annual
Report shall include the following main monitoring report sections and shall be required until such time
that all monitoring requirements have been fulfilled and DWQ has authorized cessation of the required
monitoring:
1) Construction Turbidity Monitoring Plan (Condition 30)
2) Annual Trout Monitoring Plan (Condition 8)
3) Streambank Stabilization Plan (Condition 11)
4) Surface Water Monitoring Plan (Condition 29)
Finally, when each monitoring plan is submitted for approval to DWQ, in addition to any requirements
specified in the condition of this certification that requires the monitoring plan, each plan shall include at a
minimum;
a) a specified timeframe for data collection
b) proposed methods for data collection
c) a proposed mechanism for correcting any observed water quality degradation of impacts to existing
uses
d) the requirement that all necessary corrective actions to correct observed impacts to water quality
and subsequent existing uses will be undertaken,
e) a proposed mechanism for requesting cessation of monitoring from DWQ
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 26"' day of August 2009
D LNF WATER QUALITY
teen H. Sulli s
CHS/cbk
Individual 401 Certification No. 3804