20070996 Ver 1_Approval Letter_20080104

Michael F. Easley, Governor
William G. Ross Ir., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 4, 2008
Manuel deJuan
Post Office Box 2908
Cashiers, North Carolina 28717
Subject Property: deJuan Property
Big Sheepcliff Falls
DWQ Project # 07-0744
Jackson County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. deJuan:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 100 linear feet of streams by impounding„
100 linear feet of streams by restoration, and 200 linear feet of riparian buffer re-
establishement for the purpose of property development at the subject properties, as
described within your. application received by the N.C. Division of Water Quality (DWQ)
on November 13, 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 Nationwide Permit(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, and
stormwater 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:
1. Impacts Approved
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]nternet: http:/lh2o.enr.state.nc.us/ncwetlands
NorthCarolina
naturally
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

deJuan Residence
Page 2 of 7
January 4, 2008
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:
Impact Number Amount
Approved
(Units) Plan Location or Reference
Im oundment 100 (feet) UT to Horsepasture River
Im oundment Removal 100 (feet UT to Horse astute River
Buffer re-establishment 200 (feet) UT to Horsepasture River
All restoration work must begin within 30 days of the of close of the trout
moratorium (April, 15), and be completed within 90 days.
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.
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.

deJuan Residence
Page 3 of 7
January 4, 2008
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. 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 discharging into a stream. 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.
7. 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.
8. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The
results of this monitoring must be submitted along with the below required
stability monitoring. Additionally, should the results indicate a violation of the
turbidity standard, all work shall cease until such a point the measures are
implemented to protect surface waters form further violations.

deJuan Residence
Page 4 of 7
January 4, 2008
9. Stability Monitoring
The Permittee shall examine the restoration work done under this Certification on
an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must be
provided to DWQ's Asheville Regional Office by June 1St of each year. The report
must describe inspection results, include digital photographs, list the date of
inspection, and describe any needed repairs or corrections.
10. Construction stormwater Permit NCG010000
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
(NCG010000) 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. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], 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.nc.us/su/Forms Documents.htm.
11. 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/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
12. 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.

deJuan Residence
Page 5 of 7
January 4, 2008
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement
and/or maintenance must be done in a manner consistent with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)
This 25 buffer, as agreed to in your application and through further discussion
with your consultant, shall be undisturbed, native, woody vegetation, with the
exception of a 3 foot wide, wood chip mulched walking path, and the buffer shall
be maintained through out all water courses in the development except on the
dams themselves.
14. To minimize temperature elevation in waters downstream, trees should be
maintained along the pond perimeters, but not on the dams. Native trees (e.g.,
river birch, sycamore, red maple) should be planted along the pond if trees are
removed or if additional shading of the pond surface is needed. Also, the outflow
pipe must be designed to draw water from near the bottom of the pond. Cold
water intakes should be within 1-2 feet of the bottom, but not on the bottom. This
design will improve water quality in the pond. The easiest way to accomplish a
near-bottom outflow is to place a larger pipe (i.e. shroud) over the standpipe so
that water flows up through the bottom of the larger pipe (see inset).
pon surface
outflow E ~ water inflow
pond bottom
When filling in-line ponds, residual flow in the streams below the dams must be
maintained to protect aquatic life. This can be accomplished by partially opening
the gate valve during the filling process. However, turbid water should not be
discharged. Until the water in the pond is clear, flexible pipe should be used to
maintain any stream flow, if applicable, around the pond.
15.In stream construction and disturbance shall be prohibited within 25 feet of the
top of banks except where authorized work will occur.
16. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to
surface waters due to the potential for water chemistry change and a fish kill.
17. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can
cause downstream erosion problems. The natural dimension, pattern, and profile
of the channels adjacent to the crossings should not be modified by widening or
changing their depths.

deJuan Residence
Page 6 of 7
January 4, 2008
18. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be
removed from the stream bed after completing the construction work. Any
diversion channels must be lined with fabric and/or rock.
19. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets
on streams must not be constructed.
20.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above.
Rip rap must not be placed in stream channels in a manner that obstructs fish
passage.
21.AI1 crossings should be constructed as close to perpendicular to the stream
channels as possible to minimize stream and buffer disturbance. Road and utility
alignments should be set-back as far as possible from stream channels to
minimize sedimentation and buffer disturbance.
22. Riparian vegetation, especially trees and shrubs, should be preserved as much
as possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky
dogwood, sycamore, river birch, red maple) should be reestablished upstream
and downstream of the stream crossings if it is removed during construction to
provide bank stability and shading. We encourage the use of native plants that
must be removed from permanently disturbed areas.
23.A11 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.
24. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
25. The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider
buffers are recommended to provide more water quality and habitat functions.
26.A11 jurisdictional waters on the site shall be inspected weekly for stability
(longitudinal profile, cross sectional dimension, and pattern) and a monthly report
submitted to the Asheville Regional Office within 15 days of the end of each
month.
27. Bottomless Culverts must span from high bank to high bank. The digging of
footers which change the flow of the stream, or otherwise impact the natural
course on the stream are prohibited.
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

deJuan Residence
Page 7 of 7
January 4, 2008
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 1506 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Mr. Kevin Barnett in
the DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
Coleen H. Sullins, Director
~' Division of Water Quality
CHS/khb
Enclosures: GC 3705
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: 401 Permitting Unit, Central Office
David Baker, USACE Asheville Regulatory Field Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 07-0996.deJuan.Approval