20070133 Ver 2_Approval Letter_20081105

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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
November 5, 2008
Jonathan Hollifield
The Hollifield Group, LLC
361 Bostic Sunshine Highway
Bostic, NC 28018
Re: The Ridge At South Mountain, Rutherford County
DWQ #20070133; USACE Action ID. No. 2007-328-381
Broad-Roberson Creek [030802, 9-41-14, WSIV]
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Hollifield:
Attached hereto is a copy of Certification No. 3735 issued to Mr. Jonathan Hollifield, of the The
Hollifield Group, LLC, dated November 5, 2008. This Certification replaces the Certification
issued to you on April 3, 2008. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply
Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ijm
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hftp://h2o.enr.state.nc.us/ncvvetlands
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 2 of 2
November 5, 2008
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Sueanna Sumpter, Assistant Attorney General, NCDOJ, 42 North French Broad Avenue,
Asheville, NC, 28801
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
Ken Jolly, U.S Army Corps of Engineers, Wilmington District Headquarters
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Matt Matthews, DWQ Branch Manager
Forrest Westall, McGill Associates, P.O. Box 2259, Asheville, NC 28802
William Clarke, P.O. Box 7647, Asheville, NC, 28802
w,
Filename: 070133TheRidgeAtSouthMountain(Rutherford)401_IC_Revised
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 3 of 3
November 5, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in 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 15 NCAC 21-1, Section .0500 to Mr. Jonathan Hollifield of the The
Hollifield Group, LLC, NC to fill or otherwise impact 280 linear feet of perennial stream, and
flood 4,100 linear feet of perennial stream in the Broad River Basin, to construct a residential
community and with an aesthetic lake at the site. The site is located on the west side of Bostic
Road, near Ramsey Road, northwest of Rutherfordton, in Rutherford County, North Carolina,
pursuant to an application dated the 18th day of January of 2007 (received by the DWQ on July 22,
2007), and Public Notice issued February 9, 2007 (received by the DWQ on February 19, 2007),
and by additional information received from you on May 7, 2007, July 2, 2007, October 12, 2007,
March 10, 2008, and October 31, 2008.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
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:
Type of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 280 linear feet of fill in perennial streams, and Application materials, Corps of
flooding of 4,100 linear feet of perennial streams Engineers' Public Notice and
correspondence received
October 31, 2008.
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 4 of 4
November 5, 2008
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval from the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream 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 or locally delegated
program has released the project;
5. 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;
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 to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 5 of 5
November 5, 2008
Continuing Compliance:
Mr. Jonathan Hollifield and the The Hollifield Group, LLC, shall conduct construction
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of State law and federal law. If the Division
determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify
this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Jonathan Hollifield and/or the
The Hollifield Group, LLC, NC and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Jonathan Hollifield and/or the The Hollifield Group, LLC, NC in writing,
shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
Mitigation:
8. Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. The payment to the
EEP by The Hollifield Group, LLC shall occur within 60 days of receipt of the EEP
invoice by The Hollifield Group, LLC. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream - perennial 280 (linear feet) Broad/03050105
Additionally, as described in your application materials, you have agreed to preserve the
remaining 11,225 linear feet of onsite streams, establish a 120-foot buffer (60 on either
side) along these streams, and maintain a 50-foot forested buffer around the proposed
amenity pond per your correspondence dated May 4, 2007. You have also agreed
establish and administer a Lake Management Plan with a Certified Lake Manager per
your correspondence dated May 4, 2007. Approximately 14,079 linear feet of on-site
stream channel will be buffered and preserved in this manner.
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 6 of 6
November 5, 2008
Deed Notifications:
Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of 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 the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies of all deed restrictions
applied to these lots;
10. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
11. Sampling of similar reference impoundments per the attached guidance document
Predictability Study Protocol for Sampling Reference Impoundments (NCDWQ, March
12, 2008) shall be implemented before the proposed impacts may occur. We
understand that you intend to proceed with this sampling during the 2008 monitoring
season. Following the completion of this monitoring season, the final design details for
the dam and impoundment shall be developed within the context of the results of this
sampling, and shall be submitted to DWQ for approval in writing before the proposed
impacts may occur. The final plan shall include a discussion of how water quality
standards will be monitored and maintained within the impoundment. The final plan
shall also include the structural design drawings and details for the dam, including the
plan and profile views illustrating the height, toe, materials, spillway, as well as the
operation and maintenance plan.
12. Native wetland species and shrubs should be planted along the aquatic shelf in areas
where practicable to help promote diversity among species that may naturally propagate.
13. The minimum water release plan for the proposed dam must be approved in writing by
this Office before the approved impacts may occur. The plan must include a written
explanation of the specific discharge rate and mechanism to provide for each required
release. The plan must also include any design specifications, details and calculations to
show that the release shall be achieved in the given conditions. The plan shall also
include monitoring that ensures compliance. The plan and any associated facilities, once
approved, must be in place and implemented upon the completion of the dam.
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 7 of 7
November 5, 2008
14. 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.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 5th day of N ber 2008
DIVISION F WAT QUALITY
9"
kColeen H. Sullins
CHS/cbk/ijm
3735
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Jonathan Hollifield of the The Hollifield Group, LLC, have
permission as outlined below to fill or otherwise impact 280 linear feet of perennial stream, and flood 4,100 linear
feet of perennial stream associated with a construction of a residential community and with an aesthetic lake at the
site which is located on the west side of Bostic Road, near Ramsey Road, northwest of Rutherfordton, in
Rutherford County, North Carolina. All activities associated with these authorized impacts must be conducted with
the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Ridge At South Mountain
DWQ PROJECT 20070133
LOCATION: Near Rutherfordton
COUNTY Rutherford
BASIN/ SUB BASIN Broad/03050105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
280 Linear Feet of Stream 280 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 070133TheRidgeAtSouthMountain(Rutherford)401 _IC_EEP_Revised
NQNtJtCarola
401 Oversight/Express Review Permitting Unit NlIt1lCllli
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper