20071990 Ver 1_Approval Letter_20080108

OF WATE9
~~' ~, Q
~~~" 'v G
~~ ~
~_ --i
~ Y
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen S. Sullins, Director
Division of Water Quality
January 10, 2008
Shannon Ginn
Cummings Cove Company, LLC
20 Cummings Cove Parkway
Hendersonville, NC 28739
Subject Property: Mountain Top, Phases 3, 4, & 5
Cummings Cove Subdivision
DWQ Project # 07-1990
Henderson County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ginn:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise permanently impact 139 linear feet of creek bed
for road crossings and temporarily impact 35 linear feet of streams for utility crossings
for the purpose of residential developement at the subject property, as described within
your application received by the N.C. Division of Water Quality (DWQ) on November 28,
2007. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3705(GC3705). The Certification(s)
allows you to use NationwidePermit(s) 29 when issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, Water Supply Water
Shed Buffers, and trout buffer regulations. 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 or CAMA Permit.
This approval is for the purpose 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.
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 fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: www.ncwaterguality.orq
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
NorthCarolina
~Natirrally

'Mountain Top Phases 3, 4, and 5 ,
Page 2 of 6
January 10, 2008 ,,
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 are approved including incidental impacts:
Amount Approved
Units) Plan Location or Reference
Culvert Crossin 94 linear feet #1 - UT to Battle Creek
Culvert Crossin 45 linear feet #2 - UT to Battle Creek
Utilit Crossing 10 (linear feet) #3 - UT to Battle Creek
Utilit Crossin 5 linear feet #4 - UT to Battle Creek
Utilit Crossin 10 linear feet #5 - UT to Battle Creek
Utility Crossing 10 (linear feet) #9, 10 & 11 (combined into 1
Crossin - UT to Battle Creek
Please note that impacts 6, 7, 8, 12, and 13 are not approved as requested.
These impacts can either be routed in the existing road crossing adjacent to the
requested impact, hung from the adjacent bridge, or combined with other
crossings in order to minimize impacts.
Also note that as the stream classification for these streams are Water Supply,
that a 30 foot buffer requirement exists. With the exception of perpendicular
crossings, no sewer or utility lines shall be installed within this buffer.
2. Erosion & Sediment Control Practices
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.
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.

'_Vlountain Top Phases 3, 4, and 5
Page 3 of 6
January 10, 2008
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 Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction
Notification. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

'Mountain Top Phases 3, 4, and 5
Page 4 of 6
January 10, 2008
8. Water Supply Watershed
Disturbed banks and a 30-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
9. 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 depicted in the Pre-
construction Notification. 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.
10. Deed Notifications
Deed Notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http:/~h2o.enr.state.nc.us/nc«-etlands. The test of the sample deed notification
may be modified as appropriate to suit this project.
11. Concrete
All Concrete used in this project shall be pre-cast and cured on land prior to
placing on the lake bottom as to prevent the leaching of caustic materials in to
the water.
12. Stream crossings are made so that soil and vegetation disturbance is minimized.
Streams are crossed as close to perpendicular as possible. The widest undisturbed
buffer that is possible is maintained between utility corridors and streams and
wetlands to help capture sediment in run-off.
13. Rock, sand, or other materials are not excavated from stream channels except in
the immediate permitted areas.

~ ?Mountain Top Phases 3, 4, and 5
Page 5 of 6
January 10, 2008
14. The stream channels are restored to stable and near natural conditions after
completing the pipe installations. The stream bottoms are not covered with rip rap.
Any rock used for stabilization is clean and limited to the stream banks below the
high water mark. Rock is not placed in stream channels in a manner that obstructs
fish passage.
15. Sediment and erosion control measures are used and maintained until all disturbed
soils are permanently stabilized. All bare soil is seeded as soon as possible
following ground disturbance. Erosion control matting is used with seeding on
disturbed stream banks and is anchored with staples, stakes, or, wherever possible,
live stakes of native trees. Tall fescue is not used along streams.
16. Instead of rock, vegetation is used for stabilization above the ordinary high water
level.
17. Sandbags, flexible pipe, or other temporary diversion structures are used to avoid
excavation in flowing water.
18. Riparian vegetation, especially trees and shrubs, is preserved as much as possible.
Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) is replanted upstream and downstream of stream
crossings to provide bank stability and shading if vegetation is removed during
construction.
19. Hydroseed mixtures and wash-waters do not reach streams.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Mountain Tqp Phases 3, 4, and S r
Page 6 of 6
January 10, 2008
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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(a~ncmail.net or at 828-296-4657.
Sincerely,
~_ b
,<,
,~e~ Coleen H. Sullins, Director
(' Division of Water Quality
AW K/khb
Enclosures: GC 3705
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Clement Riddle, Clearwater Environmental Consultants, Inc.
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1990.CummingsCove.MountainTopPhases3-4-5.Approval