20071505 Ver 3_Approval Letter_20080924

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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
September 24, 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 - MODIFICATION
Dear Mr. Vinson:
Attached hereto is a copy of Certification No. 3724 issued to Mr. Keith Vinson and Mountain
Development Company, LLC, dated September 24, 2008. This Certification replaces the Certification
issued to you on January 24, 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.
Sincerel ,
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
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 071505Ver3SevenFallsGolfAndRiverClub(Henderson)401_IC_MOD
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INOrInUarOffna
401 Oversight/Express Review Permitting Unit Naturally
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
Mountain Development Company, LLC
Page 2 of 2
September 24, 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 DWy)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Keith Vinson and Mountain Development Company,
LLC to fill or otherwise impact 1.48 acres of 404/wetland, 6,990 linear feet of perennial stream, and 0.57
acres of open waters in the French Broad River Basin, 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`h day of August of 2007, and received b the
DWQ on October 8, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 15`h day of
November of 2007 (received by DWQ on November 19, 2007), with additional information received from
you on January 24, 2008, and September 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 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. An
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 I SA 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 i
writing and a new application for 401 Certification may be required. For this approval to be valid, n
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
404Mon-Riparian Wetlands 1.48 (acres) Plan Location or Reference
Application, Public Notice and correspondence
Stream (perennial) received 1/24/08 and 9/3/08
6,990 (linear feet) Application,1/24Public Notice and correspondence
Open Waters received /08 and 9/3/08
0.57 (acres) Application, Public Notice and correspondence
received 1/24/08 and 9/3/08
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, LLU
Page 3 of 3
September 24, 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 404/40 1 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;
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;
Mitigation:
6. Compensatory Mitigation Using Offsite Restoration, Enhancement, and the Ecosystem
Enhancement Program (EEP)
Mountain Development Page Company 4 L of 4
f4
Mitigation must be September 24, 2008 provided proposed 1.48 acres of 404/wetland iPm°P°sed impacts as specified in the table below.
pacts and 6,9901inear feet
YOU have
W of perennial stream impacts.
feet of offsite streams, enhancing 2,35 reatin linear t
g 0.50 acres onsite wetlands, restoring 2,350 me
of onsite stream feet of offsit ite streams, preserving 815743 ]i
purchasing 1.50 acres of 404/wetland credits and 1,884 linear feet Of stream
Enhancement Program near feet
mitigation credits from the Wetlands Restoration Fund administered the NC Ecos yste
e
determined by the (EEP) to meet this mitigation requirement. These
Q to be suitable methods to meet the mitigation requirement
mitigation commitment. Until the EEP receives and clears methods ds h have been
-Ecosystem Enhancement Program Office), no impacts s and additional
Certificate shall occur. The EEP should be contacted t at [phone] your check (made payable to: DENR
questions concerning Payment into a restoration fund. You have 60 days i rom have any
approval to make this payment. For accounting YOU have 60 from the date of this
authorizes payment into the purposes, this Authorization Certificate
Wetlands Restoration Fund to
mitigation requirement: meet the following
compensatory e of Wetla„d
Stream lnerPn . 148
o,yy0 (linear
7. Certificate of Completion
.-Vur and Sub-basin N
French Broad/06010105
French Broad/06010105
approved within the 401 Water
Upon completion of all work Buffer Rules, and any subsequent modifications, the a
Certificate of Completion to the t modifications,
Unit Quality Certification or applicable
1650 PPth Ca is required to return the attached
Mail Service Center, Raleigh
North Carolina Division of Water
, NC, 27699-1650. Quality,
Also, this approval to
depicted in Proceed with your proposed impacts
im
your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you You have impacts to waters as
request within sixty (60) days following receipt of this e right to an adjudicato
written petition conforming to Chapter of the North C ?' hearing u written on. This request must be m the form of a
Office of Administrative Hearings, 6714 Mail Service Centert Raleigh, N.C
modifications are made to an original Certification, You Carolina General Statutes and filed with the
modifications up . 27699-6714. If
such demands are n written request within six y have the right to an adjudicato
g on the
ty (60) days following receipt of the Certification. Unless
made, this Certification shall be final and binding.
This the 24th day of Se
DIV ION F P ber 2008
E UALITY
3724 Coleen n H. Sullins
CRS/cbk/?jm
O"' OF W A TF9QG
G
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 1.48 acres of 404/wetland, 6,990 linear feet of perennial
stream (6,990 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 7th 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`h day of November of 2007 (received by DWQ on November
19, 2007), with additional information received from you on January 24, 2008, and September 3, 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
NC EEP NAME Seven Falls Golf and River Club
DWQ PROJECT #: 20071505, Ver. 3
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).
Impacts Mitigation
1.59 Acres Non-Riparian 404/Wetlands 1.48 Acres Non-Riparian 404/Wetlands
2,693 Linear Feet of Perennial Stream 1,884 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
[phone]
Filename: 071505 Ver3SevenFallsGolfAndRiverClub(Henderson)401_IC_EEP_MOD
NQNaturally
ol401 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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper