HomeMy WebLinkAbout20071194 Ver 1_Approval Letter_20070831of WAFR
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Michael F. Easley, Governor
Williarrr G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 31, 2007
George Shook, General Manager
Wildcat Cliffs Country Club
770 Country Club Drive
Highlands, NC 28741
Subject Property: Wildcat Cliffs
Tributary to Ravenel Lake
DWQ Project # 07-1194
Macon County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shook:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact .66 acres of uplands and 900 linear feet of
streams for the purpose of Pond expansion and stream restoration at the subject
property, as described within your application received by the N.C. Division. of Water
Quality (DWQ) on July 30, 2007. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3402 and
3495 (GC3402 and GC3495). The Certification(s) allows you to use Nationwide
Permit(s) 18 and 27 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and buffer regulations. 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.
This. approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-689311nternet: http:i/h2o.enr.state.nc.us/ncwetlands
No thCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Wildcat Cliffs
Page 2 of 3
August 31, 2007
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:
Amount
Approved (Units Plan Location or Reference
Stream 900 (feet UT to Ravenel Lake
Upland Excavation 0.33 acres Pond Ex ansion
Upland Excavation 0.14 (acres) Pond Expansion
U land Excavation 0.19 acres Pond Expansion
2. Erosion & Sediment Control Practices
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. 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
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 Pre-Construction
Notification. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Wildcat Cliffs
Page 3 of 3
August 31, 2007
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.
5. 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.
6. Stream Relocation (Mitigation) with Approved Plans
The stream and buffer relocation must be constructed, maintained, and monitored
according to the approved plans in the application and modifications to the
application. Any repairs or adjustments to the site must be made according to the
approved plans or must receive written approval from this Office to make the
repairs or adjustments.
In order for this project to be used as compensatory mitigation for other specific
projects, you must obtain written approval from this Office. The request should
include the amount of stream length and buffer area credit requested for
accounting purposes. Please specify DWQ project No. 07-1194 when making
your request.
7. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
8. Buffer Replanting
Replanting of vegetation within disturbed areas located within 25 feet of any
streams or impoundments associated with any pond expansion must be done in
accordance with the Guidelines for Riparian Buffer Restoration. (attached)
9. 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
Wildcat Cliffs
Page 4 of 3
August 31, 2007
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.
~o. The water release structure for this dam must be designed for mid-column release
during normal flows and during low flow conditions it must also provide for low flow
release to the downstream channel.
11.The Following Wildlife Resources Commission Conditions must be adhered to:
1. Ponds are enlarged by excavating the bulk of the new pond areas before final
excavation that connects to existing ponds. This will reduce sediment
suspension by the excavation.
2. Spoil is not placed in wetlands.
3. Stream flow is temporarily bypassed around the culvert extraction and channel
construction area until the new channel is stabilized.
4. A stable stream channel pattern, dimension, and profile are constructed
according to appropriate reference information where the existing culvert is
removed. Step-pools, as proposed, may not be appropriate for this stream and
may inhibit sediment transport and cause lateral erosion if constructed.
5. Native vegetation is planted along the banks of the day-lighted stream channel
to provide some stream shading and bank stability. Trees should be used where
possible.
6. Effective sediment and erosion control measures are used and maintained
during construction. Erosion control matting is used with seeding on disturbed
soils along streams. Bare soils are seeded as soon as possible following
grading.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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.
Wildcat Cliffs
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August 31, 2007
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 Kevin Barnett in the
Asheville Regional Office at 828-296-4657.
Sincerely,
~• ~~~.~~
Coleen H. Sullins, Director
Division of Water Quality
CHS/khb
Enclosures: GC 3402 & GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mike Warsak, P.E.
McGill and Associates, P.A.
Post Office Box 2259
Asheville, NC 28802
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1194.W ildcatCliffs.Approval