20080675 Ver 2_Approval Letter_20081222

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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
December 22, 2008
Mr. Judd Ammons
Ammons Mountain Properties, Inc.
140 Ammons Drive
Raleigh, NC 27615
Re: Traditions, Madison County
DWQ #20080675, Ver. 2; USACE Action ID. No. SAW-2008-2246
Ut to Crooked Creek [040304, 6-96-10-1-8, WSII, HQW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ammons:
Attached hereto is a copy of Certification No. 3776 issued to Mr. Judd Ammons, of the Ammons
Mountain Properties, Inc., dated December 22, 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/?m
Attachments: Certificate of Completion
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 080675 V er2Tra di tions(Madison)401_IC
401 Oversight/Express 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] / Intemet: htto://h 2o. en r. state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Judd Ammons and Ammons Mountain Properties, Inc.
Page 2 of 2
December 22, 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. Judd Ammons of the Ammons Mountain Properties,
Inc., NC to fill or otherwise impact 415 linear feet of perennial stream (fill 60 linear feet of perennial stream
and flood 355 linear feet of perennial stream in the French Broad River Basin, to construct a residential
community and with an aesthetic lake at the site. The site is located off Crooked Creek Road (SR 1526),
northeast of Mars Hill, in Madison County, North Carolina, pursuant to an unsigned and undated
application (received by the DWQ on July 31, 2008), and Public Notice issued August 22, 2008 (received
by the DWQ on August 22, 2008), and by additional information received from you on October 14, 2008,
and November 12, 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 211.0506 (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) I Plan Location or Reference
Stream - perennial 60 linear feet of fill in perennial streams, and
flooding of 355 linear feet of perennial streams Application materials and
USACE 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:
Mr. Judd Ammons and Ammons Mountain Properties, Inc.
Page 3 of 3
December 22, 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. 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 404/40 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;
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 to ensure
compliance with GC 3705;
Continuing Compliance:
6. Mr. Judd Ammons of the Ammons Mountain Properties, Inc., 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. Judd Ammons of the Ammons
Mountain Properties, Inc., 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. Judd
Ammons of the Ammons Mountain Properties, Inc., 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;
Mr. Judd Ammons and Ammons Mountain Properties, Inc.
Page 4 of 4
December 22, 2008
Deed Notifications:
7. 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;
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 (NCG010000) 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.;
9. 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.
10. 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.
11. The impoundment discharge should be monitored to ensure thermal impacts to waters will not
exceed the temperature standard for mountain streams. Unless otherwise stipulated by the
Division of Water Quality, discharge water temperatures should be routinely monitored and
compared to inflow water temperatures to ensure compliance.
12. The discharge should be aerated to enhance dissolved oxygen levels.
13. Forested areas, buffers and littoral shelves should be preserved as undisturbed (to the extent
practicable) and protected as restricted use conservation areas. Maximum available forested
buffers should be provided and protected. It is our understanding that a minimum 30-foot
vegetated buffer is required pursuant to water supply regulations and that these buffers will be
enhanced with an additional 20-foot vegetated exterior buffer.
14. Littoral shelves and native vegetation should be provided along the shoreline for stability, safety,
shading and habitat.
15. The use of motorized equipment as well as fertilizers and other chemicals in the lake and around
the shoreline and buffer zones should be strictly controlled so as not to cause direct or ancillary
pollutant issues downstream.
Mr. Judd Ammons and Ammons Mountain Properties, Inc.
Page 5 of 5
December 22, 2008
16. An impoundment sampling schedule and methodology must be finalized before the proposed
impacts may occur. This Office recommends utilizing the attached guidance document
Predictability Study Protocol for Sampling Reference Impoundments (NCDWQ, March 12,
2008).
17. Final design details for the dam and impoundment 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.
18. 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 22"d day of Dece 2008
DIMS N OF A U ITY
Coleen H. Sullins
CHS/cbk/i m
3776
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, 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,
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
I,
used in the observation of the
compliance and intent of the 401
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 Certifieatiow and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Certificate of Completion
Date:
, 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