20072227 Ver 1_Approval Letter_20080820

o?OF W A rFQG
r
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
August 20, 2008
Mr. Burt Baine
Devin McCarthy Land Development
315 Oaks Springs Road
Rutherfordton, NC 28139
Re: Queen's Gap, Rutherford/McDowell County
DWQ #20072227, Ver. 2; USACE Action ID. No. 2007-3208-381
Lewis Creek [030802, 9-41-13-1, WSV]
Ut to Harris Creek [030802, 9-41-13-2, WSV]
Ut to Rock Creek [030801, 9-19, C, TR]
Ut to Old Boney Creek [030801, 9-23-7, C, TR]
Ut to Morgan Creek [030801, 9-23-3, C, TR]
Ut to Cobb Branch [030802, 9-41-13-2-1, WSV]
Ut to Stoney Creek [030802, 9-4-9, WSV]
Ut to Gringer Branch [030801, 9-23-11-1, C, TR]
Ut to Stone Creek [030801, 9-23-11, C, TR]
Ut to Chalk Creek [030801, 9-23-12, C, TR]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Baine:
Attached hereto is a copy of Certification No. 3754 issued to Mr. Burt Baine and Devin McCarthy Land
Development, dated August 20, 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.
Si rely
Coleen H. Sullins
CHS/cbk/Um
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
Roger Edwards, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Jennifer Robertson, WNR, P.O. Box 882, Canton, NC 28716
Filename: 072227Qu eensGapSDGolfCourse(Rutherford_McDowell)401_IC
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401 Oversight/Express Review Permits Unit lltlflYl??1,?
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Burt Baine and Devin McCarthy Land Development.
Page 2 of 2
August 20, 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. Burt Baine and Devin McCarthy Land Development, to
fill or otherwise impact 0.218 acres of 404/wetland and 1,381 linear feet of perennial stream and 640 linear
feet of intermittent stream, 0.221 acres of open water, and 15,741 linear feet of stream enhancement (of
which 4,143 linear feet will be use to mitigate for 1,381 linear feet of perennial stream) to construct the
proposed Queen's Gap golf course and residential development, which is located along Painters Gap Road,
Thermal City Road, Doubleview Drive, and Tight Run Road, in Thermal City, Rutherford/McDowell
Counties, North Carolina, pursuant to an application dated November 14, 2007, and received by the DWQ
on December 19, 2007, and additional information received on March 17, 2008, May 15, 2008, and July 17,
2008, and by Public Notice issued by the USACE on January 9, 2008, and received by the DWQ on January
9, 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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.218 (acres) Application and Public Notice
Stream (perennial) 1,381 (linear feet) A lication and Public Notice
Stream (intermittent) 640 (linear feet) Application and Public Notice
Open Water 0.221 (acres) Application and Public Notice
Stream Enhancement 15,741 (linear feet) Application and Public Notice
Mr. Burt Baine and Devin McCarthy Land Development.
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August 20, 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.
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 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. 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;
Continuing Compliance:
6. Mr. Burt Baine and Devin McCarthy Land Development 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. Burt Baine and Devin McCarthy Land
Development, 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. Burt Baine and Devin
McCarthy Land Development in writing, shall be provided to the United States Army Corps of
Mr. Burt Baine and Devin McCarthy Land Development.
Page 4 of 4
August 20, 2008
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:
7. Compensatory Mitigation Using Onsite Enhancement
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be performing onsite enhancement to mitigate for the proposed stream
impacts as described in the table located within your response to item No. 7 request for more
information from the D.WQ - Asheville Regional Office, dated February 8, 2008, and received by
the DWQ - Central Office, on March 17, 2008. In summary, you have proposed enhancement of
6,877 linear feet of stream (Enhancement Levels I and 11) to generate 4,301 linear feet of stream
credit. This method has been determined by the DWQ to be a suitable means to meet the
mitigation requirement.
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 1,381 (linear feet) Broad/03050105
8. Construction Stormwater Permit NCGO 10000
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 htW:i/h2o.enr.state. nc.usAu/Forms Docurnents.htm.;
9. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://h2o. enr. state.nc.us/newetland s/documents/SMPRequirementsforApplicantsotherthanNC:DO
T.pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
40-1 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
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. If a development is
phased, then the SMP for each future phase must approved by 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 associated with that phase may occur.
The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each
Mr. Burt Baine and Devin McCarthy Land Development.
Page 5 of 5
August 20, 2008
future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
The approved SMP as well as drainage patterns must be maintained in perpetuity.
The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
10. 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:i/www.ncdot.or T/doh/operations/BMP manual/dowTnload/BMP M nual 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
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
Mr. Burt Baine and Devin McCarthy Land Development.
Page 6 of 6
August 20, 2008
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
11. 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 of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.ne.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
12. Proposed restoration/ enhancement areas should not remove any trees greater than 5" dbh as the
root mass is holding these banks together. All restoration / enhancement should be site specific,
and limited to the area of instability.
13. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard.
14. Riparian Zone Replanting
As agreed to in your application, within 60 days of receipt of this approval, you must plant a 30
foot wide, woody, riparian buffer, with appropriate fencing to protect said buffer along both sides
of Turkey Creek within the subdivision property in a manner consistent with the Guidelines for
Riparian Buffer Restoration immediately following construction. (Please see attached.) Protective
mechanisms shall be placed upon this buffer preventing its removal or alteration within 30 days
of completion of its establishment and a copy provided to the Division at both the Central Office
and Regional Office.
If concrete is used during construction (e.g., dam or spillway), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts live concrete should not be discharged to surface waters due to
the potential for water chemistry change and a fish kill.
Rock, sand, or other materials shall not be dredged from the stream channels. Instream dredging
has severe effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the channels
adjacent to the crossings should not be modified by widening or changing their depths.
No riprap shall be placed for outlet stabilization in Waters of the State for this project.
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.
Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
Mr. Burt Baine and Devin McCarthy Land Development.
Page 7 of 7
August 20, 2008
15. 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 or CAMA 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 20'h day of st 2008
D SIO OF T QUALITY
6k Coleen H. Sullins
3754
CHS/cbk/ijm