20031625 Ver 4_Approval Letter_20080715

14
t?F W A 7 ?9 Michael F. Easley, Governor
0 pG William G. Ross Jr., Secretary
? 7 North Carolina Department of Environment and Natural Resources
> -{ Coleen H. Sullins, Director
p C Division of Water Quality
July 15, 2008
Mr. Thomas McKay
117 Manly Street
Greenville, NC 29601
Re: Bright's Creek Golf Club, Polk County - AFTER-THE-FACT
Harm Creek [030803, 9-29-38-1-1, C, TR]
DWQ #20031625, Ver. 4; USACE Action ID. No. 2007-2492-375
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McKay:
Attached hereto is a copy of After-The-Fact Certification No. 3748 issued to Mr. Thomas McKay and
Bright's Creek Golf Club, dated July 15, 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.
Sincere ,
AColeen H.
Sullins
CHS/cbk/Ym
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: 031625V er4BrightsCreekGolfCourse(Polk)401_IC
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://www.ncwaterquality.org
o Carolina
Ne
Nturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Bright's Creek Golf Club
Page 2 of 4
July 15, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS AFTER-THE-FACT 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. Thomas McKay and Bright's
Creek Golf Club to fill or otherwise impact 214 linear feet of perennial stream (290 linear feet of stream
were previously permitted by the DWQ on January 6, 2004) in the Broad River Basin, associated with the
construction of the Bright's Creek Golf Club, located off NCSR 1138 on Palmer Road, northeast of Saluda,
Polk County, North Carolina, pursuant to an application dated the 30`h day of January of 2008, and received
by the DWQ on February 5, 2008, by Public Notice by the U.S. Army Corps of Engineers issued on the 26"
day of March of 2008 (received by DWQ on March 26, 2008, with additional information received on June
3, 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 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 Units Plan Location or Reference
Stream (perennial) 214 linear feet Application and Public Notice
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
t5ngni s ureex vvu t,iup
Page 3 of 4
July 15, 2008
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. Thomas McKay and Bright's Creek Golf Club, 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. Thomas McKay and Bright's Creek
Golf Club 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. Thomas McKay and Bright's
Creek Golf Club 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:
6. Compensatory Mitigation Using Onsite/Offsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. You have
proposed 212 linear feet of perennial stream impacts. We understand that you have will be
restoring 428 linear feet of onsite/offsite streams to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement.
Type of Wetland I Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 214 (linear feet) Broad River/03050105
Bright's Creek Golf Club
Page 4 of 4
July 15, 2008
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 1aofuly 8
DIVSOALITY
ell- /k',
Coleen H. Sullins
3748
CHS/cbk/Ym
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
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,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
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.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date