HomeMy WebLinkAbout20071505 Ver 2_Approval Letter_20080125O~O~ W A T ~RQG
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Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, NC 28792
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
January 25, 2008
Re: Seven Falls Golf and River Club, Henderson County
French broad River [040302, 6-(47.5), WSIV, B]
Willow Creek [040302, 6-46, C, TR]
Folly Creek [040302, 6-45-2, C]
DWQ #20071505, Ver. 2; USACE Action ID. No. 2007-3367
APPROVAL of 401 Water Quality Certification with Additional Conditions -REVISED
Dear Mr. Vinson:
Attached hereto is a copy of Certification No. 3724 issued to Mr. Keith Vinson and Mountain
Development Company, LLC, dated January 25, 2008. This Certification replaces the Certification
issued to you on January 24, 2007. 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
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 071505Ver2SevenFallsGolfAndRiverClub(Henderson)401_IC_Revised
' N~one~Carolina
401 Oversight/Express Review Permitting Unit d vutFuCtT~~I~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality,org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mountain Development Company, LLC
Page 2 of 4
January 25, 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 2H, Section .0500 to Mr. Keith Vinson and Mountain Development Company,
LLC to fill or otherwise impact 2.07 acres of 404/wetland, 7,623 linear feet of perennial stream (7,473
linear feet permanent impact, and 1501inear feet temporary impact), 0.57 acres of open waters in the
French Broad River Basin, and conduct bank stabilization on 8,700 linear feet of Little Willow Creek,
associated with the construction of the Seven Falls Golf and River Club, located adjacent on Pleasant
Grove Road, south of the Town of Etowah, in Henderson County, North Carolina, pursuant to an
application dated the 7`" day of August of 2007, and received by the DWQ on October 8, 2007, by Public
Notice by the U.S. Army Corps of Engineers issued on the 15`" day of November of 2007 (received by
DWQ on November 19, 2007), with additional information received from you on January 24, 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:
T e of Im act Amount A roved nits Plan Location or Reference
404Mon-Riparian Wetlands 2.09 (acres) Application, Public Notice and correspondence
received 1/24/08
Stream (perennial) 7,623 [(linear feet) 7,473 linear Application, Public Notice and correspondence
feet permanent impact, and 150 received 1/24/08
linear feet tem or im act
Open Waters 0.57 (acres) Application, Pubiic Notice and correspondence
received 1/24/08
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:
Mountain Development Company, LLC
Page 3 of 4
January 25, 2008
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. 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 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 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;
Continuing Compliance:
Mr. Keith Vinson and Mountain Development Company, 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. Keith Vinson and Mountain
Development Company 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. Keith Vinson
and Mountain Development Company 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;
Miti ag tion:
6. Compensatory Mitigation Using Offsite Restoration, Enhancement, and the Ecosystem
Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. You have
proposed 2.09 acres of 404/wetland impacts and 7,473 linear feet of perennial stream impacts.
We understand that you have will be creating 0.50 acres of onsite wetlands, restoring 2,350 linear
Mountain Development Company, LLC
Page 4 of 4
January 25, 2008
feet of offsite streams, enhancing 2,358 linear feet of offsite streams, purchasing 1.59 acres of
404/wetland credits and 2,693 linear feet of stream mitigation credits from 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 and additional mitigation commitment. 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
(919) 733-5205 if you have any questions concerning payment into a restoration fund. You have
60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet
the following compensatory mitigation requirement:
T e of Wetland Com ensator Miti ation Re wired River and Sub-basin Number
404/Wetland 2.09 (acres French Broad/06010105
Stream ( erennial 7,473 linear feet French Broad/06010105
7. 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/Wetlands 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 25`~ day of January
DIVISION OF A ITY
Coleen H. Sullins
3724
CHS/cbk/ijm
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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
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. Keith Vinson and Mountain Development Company, LLC, have
permission as outlined below to fill or otherwise impact 2.07 acres of 404/wetland, 7,623 linear feet of perennial
stream (7,473 linear feet permanent impact, and 150 linear feet temporary impact), 0.57 acres of open waters in the
French Broad River Basin, and conduct bank stabilization on 8,700 linear feet of Little Willow Creek, as described in
your application dated the 7~' day of August of 2007, and received by the DWQ on October 8, 2007, by Public Notice
by the U.S. Army Corps of Engineers issued on the 15~' day of November of 2007 (received by DWQ on November
19, 2007), with additional information received from you on January 24, 2008, to construct the proposed Seven Falls
Golf and River Club, located adjacent on Pleasant Grove Road, south of the Town of Etowah, in Henderson 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
DWQ PROJECT #: 20071505, Ver. 2
LOCATION: Etowah
COUNTY Henderson
BASIN/ SUB BASIN French Broad/06010105
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).
Im acts Miti ation
1.59 Acres Non-Ri arian 404/Wetlands 1.59 Acres Non-Ri arian 404/Wetlands
2,693 Linear Feet of Perennial Stream 2,693 Linear Feet of Perennial 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
(919)733-5205
Filename: 071505 Ver2SevenFallsGolfAndRiverClub(Henderson~01 IC_EEP_Revised
Aoo Carolina
401 Oversight/Express Review Permitting Unit N~'tuCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant. is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.. This form- may be
returned to DWQ 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 and specifications,
and other supporting materials.
Signature:
Date:
Agent'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 and specifications,
and other supporting materials.
Signature:
Date:
~.~
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., 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 Permittee 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. Date