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HomeMy WebLinkAbout20071194 Ver 1_Approval Letter_20070831of WAFR ~c~ QG ~~' ~ ~ 'r-i 0 .~, 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 ~afurally 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 Page 5 of 3 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