20021688 Ver 1_Approval Letter_20030717

QG
Alan W. Klimek, P.E. Director
Division of Water Quality
June 17, 2003
The Cliffs at Walnut Cove
DWQ# 02-1688
Buncombe County
. Page 1 of 2
Mr. Jim Anthony
The Cliffs at Walnut Cove, LLC
P.O. Box 5739
Asheville, NC, 28813
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Anthony:
This Certification replaces the one dated May 28, 2003 based on the request for modification dated January 16, 2003
and June 9, 2003. This approval is not for the application for a NW 13 permit to stabilize 1250 feet of stream received May
18, 2003. That application will be addressed under separate cover.
You have our approval, in accordance with the attached conditions, to place fill or flood streams and wetlands as listed
in condition 1, below in order to construct The Cliffs at Walnut Cove golf course and residential community in Buncombe
County, as described in your application received by the Division of Water Quality on November 7, 2002 and your request
for modification received January 21, 2003. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number 4402, which can be viewed on our web site at
httD://h2o.enr.state.nc.us/ncwetiands. This Certification allows you to use Nationwide Permit Number 39 when it is issued
by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application fora new certification. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions are
met. No other impacts are approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
Stream fill/culvert 20 feet Site no. 2, hole 8
Stream fill/culvert 10 feet Site No. 3, hole 10
Stream fill/culvert 20 feet Site No. 4, holes 12/13
Stream fill/culvert 99 feet Site No. 10, hole 4
Stream flooding 512 feet Site no. 12, hole 4
Stream short term flooding 224 feet Site no. 12, hole 4
Stream temporary 280 feet Temp Road Crossings 1 to 7
404 Wetlands .055 acres Site no. 1
404 Wetlands .001 acres Site no. 2, hole 8
404 Wetlands .122 acres Site no. 5, hole 13
404 Wetlands .012 (acres) I Site no. 6 hole 15
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
ivucnaei r. r-asiey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
"C 9M
Customer Service
1 800 623-7748
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404 Wetlands .023 acres Site no. 7, hole 16
404 Wetlands _ .042 acres Site no. 8, hole 9
404 Wetlands .138 acres Site no. 9
404 Wetlands .100 acres Site no. 11
2. Waste or borrow sites shall not be located in streams or wetlands;
3. Construction activities shall be conducted in such a manner as to prevent significant increase in turbidity outside the
area of construction or construction related discharge (50 NTU's in streams and rivers not designated as trout waters);
4. 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 prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification. A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at http:Hh2o.enr.state.nc.us/ncwetlands ;
5. An additional condition is that the stormwater management plan submitted May 14, 2003 and, hereby, approved in
writing by this Office shall be constructed and implemented before any permanent building is occupied at the subject
site. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the
DWQ. Please note that it is the understanding of this Office that the stream and wetland impacts shown in plans are not
necessarily correct and that the impacts as described in condition 1, above, and the request for modification dated
January 21, 2003 are the correct description and location of the impacts;
6. All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including each
stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is sooner, and the various sites shall be
stabilized with natural woody vegetation and restored to prevent erosion; If the crossings are not completely removed
and restored as described above within the specified time above, additional written approval from this Office must be
obtained to modify this condition.
7. A conservation easement to include the preserved wetlands and buffer and 50-foot undisturbed vegetated stream
buffers shall be implemented within 90 days of receipt of this Certification or the 404 Permit, whichever is later;
8. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mike Parker in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721. Questions regarding stormwater requirements should be directed to Todd St. John
in the Central Office at 919-733-9584.
Sincerely,
Attachments
C?
. e , P.E.
cc: Corps of Engineers Asheville Regulatory Field Office
Mike Parker, Asheville DWQ Regional Office
Central Files
File Copy
Jennifer Robertson, 217 Paragon Parkway, #142, Clyde, NC, 28721