20061539 Ver 2_Approval Letter_20121012

A �
NCMHR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
October 12, 2012
Mr. Casey Henderson
Grey Rock Community Association
2602 Hendersonville Road
Arden, NC 28704
DWQ Project # 2006 -1539, Ver. 2
Rutherford and Buncombe Counties
Re: APPROVAL of 401 Water Quality Certification with Additional Conditions -
Grey Rock, Rutherford and Buncombe Counties
DWQ #20061539, Ver. 2; USACE Action ID. No. SAW- 2012 -01013
Ut to Buffalo Creek [030801, 9 -20, C, TR]
Dear Mr. Henderson:
Attached hereto is a copy of Certification No. 3926 issued to Mr. Casey Henderson and Grey Rock
Community Association, dated October 12, 2012. This Certification replaces the Certification issued
to you on February 27, 2007. 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.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed, provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone].
A copy of the petition must also be served on DENR as follows: Mr. Bill Carey, General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699 -1601.
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623-6748
Internet wvrry ncwaterauality oro
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Mr Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
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) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
If we can be of further assistance, please contact Ian McMillan at 919- 807 -6364 or Karen Higgins at 919-
807 -6360.
Sincerely, -
C arles Wakild, P.E.
CW /kah/Um
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
USACE Raleigh Regulatory Field Office
Tim Fox, DWQ Asheville Regional Office
DLR, Asheville Regional Office
Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove Street, Suite F,
Hendersonville, NC 28792
File Copy
Filename 20061539Ver2GreyRock (Rutherford_Buncombe)401_IC

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Mr. Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
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 (the
"Division ") Regulations in 15 NCAC 2H.0500, to Mr. Casey Henderson and Grey Rock Community
Association, who have permission to fill or otherwise impact 0.03 acres of 404 /wetland and 467 linear feet
of stream to construct the proposed residential development at the site which is located north of Lake Lure,
in Rutherford and Buncombe Counties, North Carolina, pursuant to an application dated June 1, 2012, and
received by the Division on June 4, 2012, with additional information received on August 30, 2012, and by
Public Notice issued by the USACE on June 22, 2012, and received by the Division on June 22, 2012.
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 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 Division 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:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts to wetlands, streams,
and/or buffers, are approved including incidental impacts:
Type of Wetland
Amount Approved Units
Plan Location or Reference
404 /Wetlands — riparian
0.03 (acres)
Application and Public Notice
Stream
467 (linear feet)
Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices 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.

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Mr Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
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. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from 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;
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;
Continuing Compliance:
6. Mr. Casey Henderson and Grey Rock Community Association 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 reevaluate 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 Mr. Casey Henderson and Grey
Rock Community Association, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Casey
Henderson and Grey Rock Community Association 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;
7. Miti ag tion:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been

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Mr. Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
determined by the DIVISION to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at (919) 716 -1921 if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Stream
Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required:
River and Sub -basin Number
Stream
244 (linear feet)
I Broad/03050105
8. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb one
(1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated in the conditions of the permit. If your project is covered by
this permit, full compliance with permit conditions including the erosion & sedimentation control
plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is
required. A copy of the general permit (NCGO 10000), inspection log sheets, and other
information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w.
Re- opener Clause
9. Mr. Casey Henderson and Grey Rock Community Association, and its authorized agents shall
conduct its 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. Mr. Casey Henderson and Grey Rock
Community Association, shall require its contractors (and /or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract and
available on the job site at all times. 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
reevaluate and modify this certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 02H.0507(d). Before
modifying the certification, the Division shall notify Mr. Casey Henderson and Grey Rock
Community Association, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 02H.0504. Any new or revised conditions shall be provided to Mr. Casey
Henderson and Grey Rock Community Association, 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.
10. Impervious Surface Thresholds
You have indicated an impervious surface area of less than 24 percent in your application
and plans received by the DWQ on June 4, 2012 and approved by this written 401 Water
Quality Certification. In addition, you have indicated that this site is drained by vegetated

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Mr Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
conveyances to the maximum extent practicable. If future development occurs on this
property that causes impervious surface to exceed 24 percent or if a piped stormwater
drainage system is installed, then this site will be considered high density.
If your site becomes high density in the future, then you will be required to develop,
submit for DWQ or local government approval (if applicable), and implement a
Stormwater Management Plan. The stormwater best management practices are required
to be appropriate for the surface water classification and designed to remove at least 85%
TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual.
11. Culvert Installation
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 manuaVdownload /BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
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.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert.
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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.

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Mr Casey Henderson and Grey Rock Community Association
Rutherford and Buncombe Counties
2006 -1539, Ver 2
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the WEBSCAPE Unit of the NC Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650. Please send photographs upstream and downstream
of each culvert site to document correct installation along with the Certificate of Completion
form.
This Certification shall expire on the same day as the expiration date of the corresponding
404 Permit. The conditions in effect on the date of issuance of Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration date of
this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Certification for the project and may also result in criminal and /or civil penalties.
CW /kah/i m
3932
This the 12'h day of October 2012
DIVISION OF WATER QUALITY
P.
1

LT ih
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P E Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Casey Henderson and Grey Rock Community Association, who have
permission to fill or otherwise impact 0.03 acres of 404 /wetland and 467 linear feet of stream to construct the
proposed residential development at the site, which is located within the Broad River Basin. The site is located
north of Lake Lure, in Rutherford and Buncombe Counties, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name:
Grey Rock
DWQ PROJECT #:
20061539, Ver. 2
LOCATION:
Near Lake Lure
COUNTY
Rutherford and Buncombe Counties
BASIN/ SUB BASIN
Broad/03050105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one - quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts
Mitigation
244 Linear Feet of Stream
244 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
,� �� "rJ,
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 716 -1921
Filename 20061539Ver2GreyRock (Rutherford_Buncombe)401_IC_EEP