20061559 Ver 2_Approval Letter_20061227

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John Cloud
Firefly Cove, LLC
Post Office Box 25427
Sarasota, FL 34277
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
~ece""tuber 27, 2006
DWQ Project # 06-1559 Version 2.
Rutherford County
Subject Property: Firefly Cove Developement
Lake Lure, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cloud:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.10 acres of lake bed and 140 linear feet
of shoreline for the purpose of watercraft access and shoreline stabilization at the
subject property, as described within your application received by the N.C. Division of
Water Quality (DWQ) on December 15, 2006 and additional information received
December 21, 2006. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3492 (GC3492). The
Certification(s) allows you to use Permit(s) General Permit 79 and General Permit 30
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 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
(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:
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] Internet: www.ncwaterpualitY org
No ethCarolina
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An Equal OpportunitylA~rmative Action Employer- 50% Recycledl10% Post Consumer Paper

Firefly Cove, LLC .
Page 2 of 5 '
December 27, 2006
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 Plan Location or Reference
Approved
(Units
excevation 0.10 acres A
Shoreline Stabilization 140 linear Feet) B
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 Confro/ 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.

Firefly Cove, LLC
Page 3 of 5
December 27, 2006
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/VVetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length :height) slope and riprap applied at
the water /land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be Class B riprap with occasional larger rock (-4 boulders per 100 linear feet) up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area.
7. 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.
8. 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 being discharged. 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.

Firefly Cove, LLC
Page 4 of 5
December 27, 2006
9. Trout Buffer Tree Protection
Buffers shall be established / re-established along both tributaries through the
property to a depth of 25 feet from the top of bank on both sides of the stream
banks in accordance with the Guidelines for Riparian Buffer Guidelines.
Along the length of the lake shoreline, large woody trees shall be established at a
spacing of 12 to 14 feet over the entire length of the property. All buffers shall be
established / re-established prior to April 1, 2007.
No trees shall be removed within 25 feet of the top of water unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline 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. 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.
10. 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.
12. Deed Restrictions
Deed Restrictions 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.

Firefly Cove, LLC
Page 5 of 5
December 27, 2006
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.
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,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3492
Certificate of Completion
Guidelines For Riparian Buffer Restoration
cc: Town of Lake Lure
USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-1559.Version2. FireflyCove.WQ3492.Approval