20070656 Ver 3_Approval Letter_20080521

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 21, 2008
DWQ Project # 07-0656, Ver. 3
Buncombe County
Mr. Rob Weber
The Cliffs Communities
3598 Highway 11
Travelers Rest, SC 29690
Subject Property: The Cliffs At High Carolina Parkway Road And Dam Upgrade
Ut to Swannanoa [040302,6-78, C]
Rocky Fork [040302, 6-57-4, C, TR]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Weber:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.052 acres of 404/wetland and 149 linear feet of perennial stream, as
described in your application dated February 27, 2008, and received by the Division of Water Quality
(DWQ) on May 19, 2008, with additional information received from you on May 20, 2008, to construct
the proposed road through the site that is to be developed as a residential subdivision and to upgrade an
existing dam. 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 (NW29), respectively, when issued by the US Army Corps of Engineers
(USACE). 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, and Non-discharge 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 and design 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
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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state:nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
The Cliffs Communities
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May 21, 2008
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.052 (acres) PCN page 4 of 9
Stream - erennial 149 (linear feet) PCN page 5 of 9
2. 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.
3. 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:
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.
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.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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. 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;
6. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orWdoh/operationsiBMP manual/download/BMP_Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
The Cliffs Communities
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May 21, 2008
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
7. Stormwater Requirements
Per the requirements of GC 3705, this project must comply with Stormwater Management Plan
(SMP) Requirements for Applicants Other Than the North Carolina Department of
Transportation, available at:
http://h2o.enr.state.nc.us/ncwetiands/documents/SMPReguirementsforAppiicantsotherthanNCDO
T.pdf. If any drainage areas contain 24 percent or greater total impervious area or areas of high
density development as determined by the DWQ, please include a SMP that removes a minimum
of 85 percent TSS and 30 percent TN from the stormwater generated by this project for all
drainage areas draining to designated Trout Waters, and a SMP that removes a minimum of 85
percent TSS for all other onsite drainage areas. For each proposed BMP, please provide a
completed BMP Supplement Form, with all the required items. The BMP Supplement Forms are
available at the following web site: http://h2o.enr.state.nc.us/su/bmp forms.htm.
If applicable, the SMP must be approved in writing by either the 401 Oversight/Express Unit or,
if the project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts authorized in this certification occur.
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May 21, 2008
8. 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 at the time lots or properties are recorded. 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.
9. Based on your correspondence dated May 16, 2008, and received by the DWQ on May 19, 2008, in
response to DWQ concerns regarding the buildability of certain proposed lots (as referred to in our
May 12, 2008, Return of Application correspondence to you), there are four categories of lots
included in your most recent conceptual master plan. These are described as:
• Category 1: Lots that are buildable without further description.
• Category 2: Lots that will require a bridged driveway crossing to access the buildable area
within the lot.
• Category 3: Lots that have a building envelope included to present the buildable area with
the lots. These lots that include building envelopes on the attached map have the following
buildable areas: Lot 1 - .4 acre; Lot 2 - .7 acre; Lot 3 - 1.7 acres; Lot 4 - 1 acre; Lot 5 - 1.9
acres; and Lot 6 -.6 acre.
• Category 4: Lots that appear to require impacts. These lots will not be developed unless the
lot lines are reconfigured.
The DWQ finds this an acceptable resolution to address our expressed concerns regarding the
buildability of certain proposed lots.
10. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 Cyndi Karoly or Ian McMillan at 919-733-1786.
CHSlijm
Enclosures: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
Sincerely,
ozz
Coleen H.
File Copy
Central Files
Jennifer Robertson, WNR, P.O. Box 882, Canton, NC 28716
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,ZIMVla1, 2008
Sullins
Filename: 070656Ver3TheCliffsAtHighCaro IinaRoadAndDamUpgrade(Buncombe)401