20051511 Ver 1_Modifications_20061113

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
November 6, 2006
Ms. Cyndi Karoly
401 Permitting Unit Supervisor
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Mr. Roger Edwards
Water Quality Regional Supervisor
2090 U.S. 70 Highway
Swannanoa, North Carolina
RE: The Settings of Black Mountain
DWQ Project No. 05-1511
Buncombe County, North Carolina
Dear Mrs. Karoly and Mr. Edwards
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NOV O Z006
i7ENR - WATER QUALITY
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We respectfully request the modification of the NC Division of Water Quality (DWQ) 401 Certification issued
to The Settings of Black Mountain on September 6, 2005. Specifically we request an exception to General
Permit Condition 16 and elimination of Additional Condition 6. This request is the result of site inspections
and meetings with Kevin Barnett, DWQ, on October 9, 2006, and November 6, 2006 to discuss violation
resolution on-site.
General Certification Condition 16 requires "Deed notifications or similar mechanisms shall be placed on all
lots with remaining jurisdictional wetlands and waters or areas within 50feet of all streams and ponds. These
mechanisms shall be put in place within 30 days if the date of issuance of the 401 Certification letter or the
issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from
the4011Wetlands Unit web site at http://h2o.e7ir.state.nc.us/ncwetlands. DWQ shall be sent copies ofall deed
restrictions applied to these lots. "
The Settings will record restrictive covenants that places a 25-foot stream buffer on each side
of streams in Phase 3 and in the common open space areas owned by the POA in Phases 1, 2,
and 3. Lots 86, 89, 90, 94, and 120 in phase 3 will have a 10-foot no disturbance buffer, with
limited clearing allowed inside 25-feet for building pad. These restrictive covenants will
protect approximately 4,000 linear feet of stream and approximately 33 acres of CUn1fl71 iii
open space adjacent to streams.
In addition, The Settings will send a letter to all homeowners with stream or wetlands on their
property informing them of the importance of protecting streams and buffers on their
property. A copy of the language of these restrictive covenants will be submitted to the
Asheville Regional Office within 15 business days of approval.
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Ms. Cyndi Karoly
Mr. Roger Edwards
The Settings of Black Mountain
November 6, 2006
Page 2 of 2
Additional Permit Condition 6 Stream Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide and receive written
approval from this Office for a final stream restoration plan for the stream segments to be enclosed within the
proposed bottomless culverts. The plan must include designs and specifications that meet the definition of
stream restoration (or enhancement if no relocation is proposed) according to the latest version of the Internal
Technical Guide for Stream Work in North Carolina (available at
http://h2o.ehnr.state.ne.us/ncwetlands1strmgide.himl) The stream and buffer relocation must be constructed,
maintained, and monitored according to the plans approved by this Office. 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. The relocated stream must be preserved in perpetuity by use of a conservation
easement or other similar mechanism as part of the approved plans.
The Riparian Buffer Protection Areas " shall include all retained buffers protected under 15A NCAC 02B
.0233 and the Additional Buffer Preservation Area " identified on page 3 or the provided cover letter within
your impact request.
Please reissue the 401 certification and eliminate Additional Permit Condition 6 as it applies
to stream restoration, stream relocation, the Neuse River Buffer Rules, and the "Additional
Buffer Preservation Area". Stream restoration that meets the latest version of the Technical
Guidance of Stream Work in North Carolina does not appear to be feasible at the half-pipe
(avoidance) locations. No stream relocation, restoration or Additional Buffer Preservation
Areas plans were prepared, submitted, or contemplated. Monitoring for stream stability is
already included in Additional Permit Condition 28 and is conducted weekly. The Settings
will also evaluate stream bank stability under these half-pipe/bridges. In the event that future
stabilization is needed, The Settings will notify DWQ and USACE regarding future
stabilization plans.
The Settings of Black Mountain appreciates your assistance in this matter. If you should have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
R. 40:1- -a
R. Clement Riddle, P.W.S.
Principal
cc: Kevin Barnett, DWQ
Chip Knight, The Settings