20071410 Ver 1_Approval Letter_20080125

\(~~ W ~ ~~~ Michael F. Easley, Governor
:{, ~_ Q
~~ ~/~ ~~1 ~ William G. Ross .Tr., Secretary
~ i' 1J Il~j{^/'~ ~j,\,,~t~~~~~'~T-- North Carolina Department of Environment and Natural Resources
D "- 'C Coleen S. Sullins, Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
January 25, 2008
DWQ Project # 07-1410
Buncombe County
John Holdsworth
Eagle's Crest at Sharp Top, LLC
2311 Seventh Street, South West
Ruskin, Florida 33570
George F. Gooseman, IV
Eagle's Crest at Sharp Top, LLC, Registered Agent
77 Central Avenue
Suite H ~
Asheville, North Carolina 28801
Subject Property: Eagle's Crest
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holdsworth and Mr. Gooseman:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise permanently impact 280 linear feet of creek bed
for road crossings for the purpose of residential development at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on August 17, 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, 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
North Carolina Division of Wafer Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internel:: www,ncwaterquality.org FAX [phone]
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No ~thCarolina
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Eagle's Crest at Sharp Top, LLC
Page 2 of 6
Jarniary 25, 2008
(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
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 40 linear feet) #1 - UT to Haney Creek
Culvert Crossing 45 linear feet #2 - UT to Haney Creek
Culvert Crossing 70 (linear feet) #3 - UT to Haney Creek
Culvert Crossin 50 (linear feet) #4 - UT to Haney Creek
Culvert Crossin 25 (linear feet) #5 - UT to Haney Creek
Culvert Crossing 25 linear feet #6 - UT to Haney Creek
Culvert Crossin 25 (linear feet) #7 - UT to Haney Creek
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.
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.

Eagle's Crest at Sharp Top, LLC
Page 3 of 6
January 25, 2008
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 (Review)
All constructed stormwater conveyance outlets shall be directed and maintained
to flow in a diffuse manner at non-erosive velocities through the entire protected
stream buffers without re-concentrating. If this is not possible it may be
necessary to provide stormwater facilities that are considered to remove
nitrogen. Additionally, a stormwater management plan for this project shall be
provided to this Office before any of the impacts approved herein are conducted.
The plan shall specify all stormwater discharge points, plan details, and
calculations to indicate that diffuse flow through the protected buffers or nitrogen

Eagle's Crest at Sharp Top, LLC
Page 4 of 6
January 25, 2008 ~,
removal as described above will be achieved. Additionally, stormwater controls
for the areas of concentrated imperviousness shall be included.
8. Water Supply Watershed
Disturbed banks and a 30-foot vegetated zone, must be restored along the any
and all stream banks 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 httpai~2o.cnr.state.nc.ils~!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.

Eagle's Crest at Sharp Top, LLC
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January 25, 2008
13. Rock, sand, or other materials are not excavated from stream channels except in
the immediate permitted areas.
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 cf 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.

Eagle's Crest at Sharp Top, LLC ,
Page 6 of 6
January 25, 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(c~ncmail.net or at 828-296-4657.
Sincerely,
,. / ~,~
i
~~
%~.tColeen H. Sullins, Director
i,~~ Division of Water Quality
CHS
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: 07-1410. EaglesCrestatSharpTop.Approval