20160451 Ver 1_Approval Letter_20160809

Water Resources
ENVIRONMENTAL QUALITY
August 9, 2016
Lastinger Properties, LLC
Attn: Lane Lastinger
180-A Cross Creek Farm Road
Fletcher. NC 28732
PAT MCCRORY
G- ­
DONALD R. VAN DER VAART
S,.'m
S. JAY ZIMMERMAN
D-1-
DWR # 16-0451
Transylvania County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS -
Pilot Cove Mountain Bike Village
Dear Mr. Lastinger:
You have our approval for the impacts listed below for the purpose described in your
application dated April 27, 2016, and received by the Division of Water Resources (Division) on
May 5, 2016 and additional information received on June 5, 2016 and the Stormwater
Management plan received on June, 29, 2016. These impacts are covered by the attached
Water Quality General Certification Number 3890 and the additional conditions listed below.
This certification is associated with the use of Nationwide Permit Number 39 once it is issued to
you by the U.S. Army Corps of Engineers. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Smte OfNOMC=Irw I Envl =emal Quality I Water Resources
2090U.S. Hwy701 Sween .,North Carol a287)8
8292964500

Pilot Cove Mountain Rile Village
DWR# 16-0451
401 Approval
Page 2 of 5
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact 51
46 linear feet
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate
fee. If the property is sold, the new owner must be given a copy of this approval letter
and General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. Native vegetation shall be used for streambank stabilization. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
4. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H 0506(b)(2)
5. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, streambanks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
6. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated lune 6, 2016 (attached)
to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
7. The Division approves this low density development project and stormwater
management plan as depicted by design drawings dated July 29, 2016 and associated
calculations, low density supplement form, and operation and maintenance agreement,
which are incorporated by reference and specify an impervious surface area of
approximately 7.48%. The stormwater management system is approved to provide
equal or better than treatment of vegetated conveyances through alternative design
and consists of stabilized roadside swales with check dams, multiple small stormwater
detention systems. utilizing oversized pipes and control structures, FLEXSTORM PC Inlet

Pilot Cove Mountain Bile Village
DW RN 16-0451
401 Approval
Page 3 of 5
Filters for sediment removal at all inlet structures, plunge pool energy dissipater pads
at stormwater outfalls, and installation of rain barrels to attenuate peak discharges
from cabins and other buildings. The above -referenced documents are enforceable by
the Division and the following conditions apply:
a) A deed restriction shall be placed on the tract in order tolimitthe amount of
impervious surface area no greater than 24%.
b) This tract shall be held, transferred, sold, conveyed, developed and occupied subject
to the requirement that upon development of this tract, the current owner shall
develop a stormwater management plan approved by the Division if the total
impervious area resulting from development of the property is more than 24% of
the total area of the property.
c) This restriction contained herein shall be binding upon the owner's successors and
assigns, and shall be perpetual and run with the land until released or amended by a
release or amendment approved by the Division.
d) These documents shall be filed with the Register of Deeds, Buncombe County, North
Carolina.
e) If a compliance inspection reveals an impervious surface area of greater than the
amount depicted on the approved plans, then you will be in violation of this
Condition and required to comply with the full requirements of General Certification
3890.
f) FLEXSTORM PC Inlet Filter maintenance requirements shall be in accordance with the
agreement signed by R. Lane Lastinger — Managing Partner Lastinger Properties on
July 21, 2016. The 0&M agreement shall transfer with the sale of the land or transfer
of ownership/responsibility for the BMP facility. The Division shall be notified
promptly of every transfer.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form maybe obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Pilot Cove Mountain Dile Village
DWR# 16-0451
401 Approval
Page 4 of 5
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Tim Fox at 828-296-4664 or
tim.fox(@ncdenr.eov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3890
Certificate of Completion
NCWRC Letter dated June 6, 2016

Pilot Cove Mountain Bile Village
DWR# 16-0451
401 Approval
Page 5 of 5
cc: Mike Lovoy— Advantage Civil Engineering, PA (via email)
Marcus Barksdale—Advanatage Civil Engineering, PA (via email)
Cory Larsen, PE DWR Stormwater Engineer (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie— NCWRC (via email)
Stan Aiken — DEMUR (via email)
Daniel Cobb — City of Brevard Planning (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Transylvania\401s\Non-DOT\pilot cove - The Hub\APRVL.401PilotCoveBikeVillage8-9-2016.docx

Water Quality Certification No. 3890
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
.FOR U S ARMYCORPS OFENGINEERS NATIONWIDE PERMIT
NUMBERS 18 (MINOR DISCHARGES(-` 29 (RESIDENTIAL DEVELOPMENT).
39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS).
41 RESHAPING EXISTING DRINA EDITCHES) 42 RE CREATIONAL. FACILITIES
441MINING ACTIVITIESi AND 46 (DISCHARGES IN DITCHES), l
AND RIPARIAN AREA PROTECTION RULES.IBUFFER RULES)
Water Quality Certification Number 3890 is, issuedin 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 (DWQ) Regulations in 15A NCAC 02H .0500 and 15A NCAC .02B .0200
for the discharge of fill material to waters and adjacent wetland areas or to Wetland areas that are
nota part of the surface tributary system tointerstate waters or navigable waters of the United
States as described in 33 CFR 330 Appendix A.(B) (18, 29, 39, 41, 42, 44,. and 46) of the Corps
of Engineers regulations and for the Riparian Area Protection Rules (Buffer Rules) In 15A NCAC
026'.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302,303,.306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting. any one (1) of the following thresholds or circumstancesrequire written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division" )r
a. Any impacts to streams involving excavation or dredging; or
b. Total stream impacts within the project boundaries equal to or greater than 150 linear feet
of stream, including temporary and/or permanent impacts; or
c. Any stream relocation; or
d. Any impact associated with a. high density project (as defined in Item (A)(iy) of the 401
Stormwater Requirements) that Is not subject to either astate stormwater program (such
as, but not limited to, Coastal Counties, HOW, ORW or state -implemented Phase II
NPDES) or a certified community's stormwater program, or
e Temporary or permanent impacts equal to or greater than one-tenth (1/10)acre of wetlands
or open waters; or
I. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS -I, WS -II, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic Rivers or
g. Any impacts to coastal wetlands 115A NCAC 07H .0205)], or Unique. Wetlands (UWL) (15A
NCAC 02H.05061; or
h. Any impact associated With. a Notice of Violation or an enforcement action for violation($) of
DWQ Wetland Rules (15A NCAC 02H.0500), Isolated Wetland Rules (15A NCAC 02H
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (I 6A NCAC
026.0200); or
i. Any impacts to streams and/or buffersin the Neuse, Tar -Pamlico, or Catawba River Basins
or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or watershed
with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)
unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization
Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for
"ALLOWABLE" activities.
In accordance with North Carolina General Statute 143-215.313(e), written approval for a 401.
Water Quality General Certification must include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Activitiesincluded in this General Certification that do not meetone of the thresholds
dated above do not require written approval from the Division as long as they comply with
the Conditions. of Certification listed below. If any of these Conditions cannot be met, then
written approval from the Division Is required.
Conditions of Certification:
1, No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold. of Use
of this Certification
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 as
authorized. In the written approval from. the Division or beyond the thresholds established for
use of this Certification without written. authorization,. including Incidental Impacts.. 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. Approved plans and
specifications for this projectareincorporated by referenceand are enforceable parts of this
permit.
2. Standard Erosion and 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 Practicesand if applicable, comply with thespecific conditions and
requirements of the NPDES Construction Stomtwater Permit Issued to the site:.
a. Design, installation, operation,: and maintenance of thesediment 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.
b. Forbcrrow.pitsites theerosion andsediment control measures Must paqqalgrad, _..
installed, operated, and maintained in accordance with the most recent versionof the
North Carolina Surface Mining. Manual
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routingand treatment shall be on site at all times.
e. If the project. occurs in waters or watersheds classified as Primary Nursery Areas. (PNAs),
SA, WS -I, WS -II, High Quality (HOW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
3, No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not: be placed in wetlands or waters.
Exceptionsto this condition require application submittal to and written approval by the
Division If placement of sediment and erosion control devices in wetlands and waters Is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result indis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream 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 (DLR) or locally delegated program has released
the specific area within the project.
A. Construction Stormwater Permit NCGO10000
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 (NCG010000),
inspection log sheets, and other information may be found at
http'llportal.ncdenr.or.qiwebAyo/ws/sutnpggssv*tab-w.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliancewith the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
5. Construction Moratoriums. and. Coordination
If activities must occur during periods of highbiological activity (i.e. sea turtle nesting, fish
spawning,. or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
Commission (WRC),. US Fish and Wildlife Service (USFWS), NO Division of Marine Fisheries
(DMF), or National Marine Fisheries. Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/past-larval fishes and crustaceans, or other aquatic species of concern shall be
Implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium..
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS', NMFS, and/or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NO Sediment and Erosion Control Manual, or the NO DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
7. Riparian Area Protection (Buffer) Rules
Activities located in they protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse,: Tar-Pamllco, or Calawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin orwatershed with buffer rules) shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC 02B ,0233 0259,
.0243 ,0250, .0267 and .0605, and shall be located designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
S. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
9. Bridge deck drains shalt not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate. means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices, .Exceptions to this condition
require written approval by the Division.
10. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
lossesof equal to or greater than 150 linear feet of streams (intermittent and perennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect atthe time of
application for activities classified as "Allowable with Mitigation' or "Prohibited" within the
Table of Uses.
-.Adetermination -of-buffer, wetland, and stream mitigation requirements shalt be made for any. _..
General Water Quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required In those
protocols. The mitigation plan must be implemented and/or constructed beforeany impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a
mitigation. bank, In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
11. Relocated stream designs should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel Is unstable), to the -
maximum extent. practical. The new channel should be constructed in the dry and water shall
not be turned into the new channel until the banks are. stabilized. Vegetation used for bank
stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to: the maximum extent practical A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the North Carolina Sediment
and Erosion Control Manual, Rip -rap, A -Jacks, concrete, gabions or other hard structures
may allowed if it is necessaryto maintain the physical integrity of the stream; however, the.
applicant must provide. written justification and any calculations used to determine the extent
of rip -rap coverage.. Please note that if the stream. relocation Is conducted as a stream
restoration as defined In the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
12.. Stormwater Management Plan Requirements
All applications shall address stormwater management throughout the entire project area per
the 401 Stormwater Requirements, referenced herein as ":Attachment Kat the end of this
Certification
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including. the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
..and. 20 percent of the culvertdiameter for culverts having a diameter less than or equal to 48_
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvertslopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes,. etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings,. and slope calculations shall be provided
to the. Division 60 days prior to the Installation of the culvert.
When bedrockis present in culvert locations, culvert burial Is notrequired provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the Installation of the culvert: If bedrock is discovered during construction, then
the Division shall be notified. by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division. of Water Quality, regardless of the total impacts to
streams or wetlands from the project.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Installation of culverts in wetlandsmust ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when.
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway, that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation. and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade including each stream's
original cross sectional dimensions, plan form pattern,. and longitudinal bed and bed profile,
and the various sites shall. be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
15. All temporary pipes/ culverts/ riprap pads etc, shall be Installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual so as not to restrict: stream flow
or cause dis-equilibrium during use of this General Certification.
16. Any riprap required for proper culvert placement, stream stabilization, or restorationof
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall burled and/or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained. Placement of rip -rap or
other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area
17. Any rip -rap used for stream stabilization shall be of a sizeand density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall notbe installed in the streambed
_... except inspecific, areas required for velocity control and to ensure structural_ integrity of bank
stabilization measures.
18. A one-time applicationof fertilizer to re-establish vegetation is allowed in disturbed areas
including riparianbuffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
19. If this Water Quality Certification is used to access building sites, then all lots owned by the
.applicant must be buildable: without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, Waters, or buffers If required to do so in writing by the Division, For road
construction purposes, this Certification shall only be utilized: from natural high ground to
natural high ground.:
20. Deed'. notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and protective buffers within the project boundaries in order to assure
compliance for future wetland, water, and buffer impact. These mechanisms shall be put In
place at the time of recording of the ompartv or of individual lots whichever is appropriate, A
sample deed notification can be downloaded from the 401/Wetlands Unit website at
httb /Ioortal ncdenr oro/webtwo/swp/ws1401/certsandpermita/8ppIy/forms. The text of the
sample deed notification may be modified as appropriate to suit to specific project.
Documentation of deed notifications shall be provided to the Division upon request.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
21. If an environmental document is required under the National or State Environmental Policy
Act (NEPA orSEPA), then this General Certification Isnot valid until a Finding of No
Significant Impact(FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
22. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
23. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
24. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being.
met, including 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, then the
Division may reevaluate and modify this General. Water Quality Certification.
25. When written authorization Is required for useof this certification, upon completion of all
permitted impacts Included within the approval andany subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail.
Service Center, Raleigh, NC,. 27699-1650.
26. Additional site-specific conditions,. including monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
27. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General 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 General. Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it Is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Water Quality Certification No. 3890

Water Quality Certification No. 3890
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
CharlesWakild, P.E.
Director
History Note: Water Quality Certification (WQC) Number 3890 issued March 19, 2012 replaces
WQC Number 3821 issued April 6, 2010; WQC Number 3631 issued March 19, 2007, WQC 3402
issued March, 2003, WQC Number 3362, issued March 18, 2002, WQC 3287, issued June 1,
2000,: WQCs 3106 and 3108 issued February 11, 1997. This Water Quality Certification is
rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide or
Regional General Permitsand/or when deemed appropriate by the Director of the Division of
Water Quality.
Water Quality Certification No. 3890
8

Water Quality Certification No. 3890
Attachment Ar 401 Stormwater Requirements
The requirements listed below shall be implemented in order to comply with Condition 12 of this
General Certification. For the North Carolina Department of Transportation, compliance with
NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy the 401 and Isolated
Wetland Stormwater Requirements.'
A. Design and Implementation Requirements. All projects, regardless of project area,
amount of built -upon area or amount of jurisdictional impact, shall meet the following
stormwater design requirements:
I, Non -Erosive Discharge to Streams and Wetlands. Stormwater conveyances that
discharge to streams and wetlands must discharge at a non-erosive velocity prior to
entering the stream or wetland during thepeak flow from the ten-year storm.
ii. Vegetated Setbacks. A 30 -foot wide vegetated setback must be maintained adjacent to
streams,rivers and tidal waters in areas that are not subject to a. state Riparian Area
Protection Rule or other more stringent vegetated setback requirements. The width of
the setback shall be measured horizontally from the normal pool elevation of impounded
structures, the top-of-bankof streams and rivers, and the mean high waterline of tidal
waters, perpendicular to shoreline. Vegetated setback and filters required by state rules
or local governments may be met concurrently with this requirement and may contain
coastal, isolated or 404 jurisdictional wetlands. Non -jurisdictional portions of the
vegetated setback may be cleared and graded, but must be planted with and maintained
in grass or other vegetative or plant material,3
iii. Construction and Operation. The stormwater management plan must be constructed
and operational before anypermanent building or other structure is occupied or utilized at
the site. The stormwater management plan, including drainage patterns, must be
maintained in perpetuity.
IV, Coordination with Other Stormwater Programs. Projects that are subject to another
Division of Water Quality (DWQ) Stormwater program, including (but not limited to) the 20
- - Coastal Counties, HOW, ORW or state -Implemented Phase II NPDES, or a Certified _
Community's stormwater management program,. must be constructed and maintained in
compliance with the approved stormwater management plan.'
v. Stormwater Design Requirements for Projects Not Covered Under Item IN).
Projects that are not subject to another DWQ stormwater program ora Certified
Community's stormwater program shall meet all of the following requirements:
a. Low Density.. A site is low density if all the following requirements are met:
1. The development has a built. upon area of twenty-four percent (24%) or less,
considering. both current and future development. When determining the amount
of built upon area, coastal wetlands shall be included; however, ponds, lakes and
rivers as specified in. North Carolina's Schedule of Classifications shall be
excluded. If a portion of project has a density greaterthan 24%, the higher
density area must be located in an upland area and away from surface waters
and drainageways to the maximum extent practicable.a
2. All stormwater runoff from the built upon areas is transported primarily via
vegetated conveyances designed in accordance withthe most recent version of
the NC DWQ Stormwater Best Management Practices Manual. Alternative
designs may be approved if the applicant can show that the design provides
Water Quality Certification No, 3890

Water Quality Certification No. 3890
equal or better water quality protection than the practices specified in the manual.
Theproject must not Include a stormwater collection system (such as piped
conveyances) as defined in 15A NCAC 02B.0202(60).'
b. High Density. Projects that do not meet the, Density, requirements shall meet
the following requirements:
1. Stormwater runoff from the entire site must be treated by structural stormwater.
controls (BMPs) that are designed to remove eighty-five percent (85%) of the
average annual amount of Total Suspended Solids (TSS). Stormwater runoff
that drains directly to Nutrient Sensitive Waters (NSW) must also be treated to
remove thirty percent (30%) of Total Nitrogen (TN) and Total Phosphorus (TP) e
2. All BMPsmust be designed in accordance With the version of the NC DWQ
Stormwater Best Management: Practices Manual that is in place on the date of
stormwater management plan submittal Alternative designs may be approved if
the applicant can show that the design provides equal or better water quality
protection than the practices specified In the manual.'
3. DWQ may add specific stormwater management requirements on a case-by-
case basis in order to ensure that a proposed activity will not violate water quality
standards.10
4. DWQ may approve Low Impact Developments (LIDs)that meetthe guidance set
forth in the Low Impact Development AGuidebook for North Carolina."
5. Proposed new developmentundertaken by a local government solely as a public
road project shall follow the requirements of the NC DOT BMP Toolbox rather
than Items (1)-(4) above, r'
B. Submittal Requirements. The submittal requirements listed below apply only to projects
that require written authorization as indicated in the applicable General Certification as well
as projects that require an Isolated Wetlands Permit.. Any required documentation shall
be sent to the Wetlands, Buffers and Stormwater Compliance and Permitting Unit at
-- _- 1660 Mall Service Cefitef, Raleigh, NC 27959.1550: " - ---
i. Projects that are Subject to Another DWQ Stormwater Program: If the project is
subject to another DWQ stormwater program,. such as the 20 Coastal Counties, HQW,.
ORIN or state -implemented Phase II NPOES,. thenthe applicant shall submit a copy of
the stormwater approval letter before any impacts occur on site.
ii. Projects that are Subject to a Certified Community's Stormwater Program. If the
project is subject to a certified local. government's stormwater program, then the applicant
shall submit one set of approved stormwater management plan details and calculations
with documentation of the local government's approval before any impacts occur on site.
iii. Projects Not Covered Under Items (I) or (II). If the project is not subject to another
DWQ Stormwater Program or a Certified Community's stormwater program, then it shall
be reviewed and approved by the DWQ through the Water Quality Certification
authorization process,
a. Low Density. For low density projects, the applicant shall submittwo copies of the
DWQ Low Density Supplement Form with all required items."
Water Quality Certification No. 3890 10

Water Quality Certification No. 3890
b. High Density. For high density projects, the applicant shall submit two copies of a
DWQ BMP Supplement Form and. allrequired Items at the specified scales for each
BMP that is proposed."
iv. Phasing. Stormwater management plans may be phased on a case-by-case basis, with
the submittal of a final stormwater management plan per items (i) -(ill) above required for
the current phase and a conceptual stormwater management plan for the future phase(s)..
The stormwater management plan for each future phase must be approved by the
appropriate entity before construction of that phase is commenced. The approved
stormwater management plan for each future phase must be constructed and operational
before any permanent building or other structure associated with that phase is
occupied. 4
v. Stormwater Management Plan Modifications. The Stormwater management plan may
not be modified without prior written authorization from the entity that approved the plan.
If the project is within a Certified Community; then the applicant shall submit one set of
approved stormwater management plan details and calculations with documentation of
the local government's approval for record-keeping: purposes, If the project is subject to
DWQ review, then the applicant shall submit two copies of the appropriate Supplement
Forms per Item (iii). above for any BMPs that have been modified for DWQ's review and
approval.'s
The stormwater requirement for 401 applications is codified in 16A NCAC 02H .0506(b)(5) and
(c)(5).
Non erosive discharge rates are required in SL 2008-211§2(b)(1). The 10 -year design storm.
standard is codified in 15A NCAC 02H .1008(f)(2) and .1008(g)(1).
3 30 -foot vegetated setbacks are required in SL 2006.246§9(d), SL 2008-211§2(b), 15A NCAC
02H .1006(2)(c) and .1007(1)(a).
-- - °—Construction. and maintenance of the stormwaterplan is necessary to satisfy 1.5A NCAC 02H.__
.0506(b)(5).
a Conveys: application procedure to streamline the permitting process and reduce any unnecessary
duplication in the review of stormwater management plans.
° Low density built upon area thresholds are set in SL 2008-246§9(c) and SL 2008-211§2(b).
7 The requirement for low density development to use vegetated conveyances is codified in SL
2006-246§9(c), SL 2008-211§2(b), 15A NCAC 02H .1006(2)(b) and .1007(1)(a). The Stormwater
BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a) and .0277(4)(6).
e 85% TSS removal is required in SL 2006-246§9(d), SL 2006-211§2(b), 15A NCAC 02H
.1006(2)(c), 15A NCAC 02H .1007(1)(a). The 30% TN and TP removal requirements for NSW
waters are set forth In 15A NCAC 02B.0232, 15A NCAC 02B.0257(a)(1), 15A NCAC 02B
.0265(3)(a) and 15A NCAC 02B..0277(4).
° The Stormwater BMP Manual is also referenced in 15A NCAC 02B .0265(3)(a)and .0277(4)(e).
1p The requirement for DWQ to ensure that water quality standards are protected before issuing a
401 certification is codified in 15A NCAC 02H .0506.
" The LID Toolbox is also referenced in 15A NCAC 02B ,0277(4)(8),
12 The term "public road project" is defined in15A NCAC 029 .0265(3)(a).
" Conveys application procedure. to streamline the permitting process.
14 Phased development: is addressed as a "common plan of development" in 15A NCAC 02H
.1003(3).
's Procedures for modifying stormwater plans are set forth in 15A NCAC 02H .1011.
Water Quality Certification No,. 3890 11

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
June 6, 2016
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Pilot Cove Mountain Bike Village After -the -Fact
UT Turkey Creek, Transylvania County
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
after -the -fact application to impact an unnamed tributary (UT) to Turkey Creek in Transylvania
County. I visited the site on June 2, 2016. Our comments on this application are offered for
your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project would not have impacted wild trout, and any future activities do not need to be
avoided during a trout moratorium. The site is upstream of a portion of the Davidson River that
contains Eastern Hellbender [Cyptobranchus alleganiensis, US Federal Species of Concern
(FSC), NC Special Concern], French Broad Crayfish [Cambarus reburrus, US FSC, NC
Significantly Rare (SR)], and Southern Blotched Chub (Erimystax insignis eristigma, US FSC,
NC SR). These rare species are especially sensitive to excess sediment, and proper sediment and
erosion control is essential to protect this aquatic community.
The applicant installed a 46 -ft culvert, which is not embedded in the stream, likely serving as a
barrier to aquatic organisms such as salamanders. This culvert appears to be at risk of failing, as
it is crushed at the upstream end by a fallen boulder, and it is bowing under the weight of the tall
rock wall built on top of it. Upstream of the culvert, the left bank was stabilized with small
riprap, which is falling into the stream channel.
We offer the following recommendations to minimize impacts to fish and wildlife resources:
1. In order to address culvert stability, avoid stream impacts associated with future culvert
failure, and achieve aquatic organism passage, we recommend installing a new culvert and
burying it at a sufficient depth to ensure movement of bedload and aquatic organisms.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Pilot Cove Mountain Bike Village ATF Page 2 June 6, 2016
UT Turkey Cr, Transylvania County
2. Work should be accomplished as quickly as possible and vigilance used in sediment and
erosion control during site preparation, construction, and clean up.
3. Remove the riprap used to stabilize the upstream bank and replace this with straw, seed,
matting, temporary seed, and permanent native vegetation, including grasses, wildflowers,
shrubs, and trees. I have attached NC State's Backyard Stream Repair guide, which provides
excellent recommendations on native plants for riparian areas.
4. Native trees and shrubs should also be planted in the riparian area immediately downstream
of the culvert.
5. Any erosion control matting used be free of plastic or nylon mesh, as this type of mesh
netting frequently entangles wildlife and is slow to degrade, resulting in hazard that may
last for years.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
cc: Marcus Barksdale and Mike Levey, A.C.E.
Tim Fox, NC Division of Water Resources
Attachment: Small-scale Solutions to Eroding Streambanks

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
cn,e,not
DONALD R. VAN DER VAART
see,aa ry
S. JAY ZIMMERMAN
Dr..,
WR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
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 retain this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This four may be returned to D WR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans end specifications, and other supporting materials.
Signature: Date
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: _ _. Date
If this project was designed by a Certified Professional
I, , w a duly registered Professional (Le.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Pemitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No.
State ofNuM Carolina I Envy antra no] Quality I Water Resources
1611 Mail service Center I Raleigh, North Caneliva 29699 1611
919 707 9000