20010635 Ver 1_More Info Received_20021017

October 17, 2002
Ms. Mona O'Bryant
Smith, Moore LLP
P.O. Box 21927
Greensboro, NC 27420
RE: Mountain Air Development
Water Quality Certification Number 3390
Yancey County
DWQ # 01-0635
Dear Ms. O'Bryant:
T~'' SJ ~ /~,~
This Office is in receipt of your letter dated 19 September 2002 regarding the 401
Water Quality Certification No. 3390 issued to Mountain Air Development Company on
August 23, 2002 for construction of a golf course community. This Office has reviewed
your comments and has the following responses. A modified 401 Water Quality
Certification is also attached. The changes in seven of the conditions were made in
response to your suggestions in order to clarify DWQ's intentions in the original
Certification.
As you are aware, there is a 60 day appeal period for 401 Certifications based
on receipt of the original Certification. Our position is that the seven modified conditions
have a new 60 day clock for appeal while the unchanged conditions are covered under
the original 60 day clock. Please call me at 919-733-9646 if you have any questions in
this regard.
Comment Number 1 (Third Paragraph): We have added the following
language to this paragraph: "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
must be notified in writing and a new application for 401 Certification may be required."
Comment Number 2 (Condition 1(a)): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition.
Comment Number 3 (Condition 1(b)): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition.
Comment Number 4 (Condition 1(b)(i)(A)): We believe that the language of
the original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition.
Comment Number 5 (Condition 1(b)(iii)): We have added the following phrase
to the 401 Certification to clarify our original intent: "...within 24 hours of the completion
of the grading."

Comment Number 6 (Condition 1(b)(iv)): We have added the following phrase
to the 401 Certification to clarify our original intent: "...within 24 hours of the completion
of the grading."
Comment Number 7 (Condition 1(b)(v): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition.
Comment Number 8 (Condition 1(b)(vi)): We have added the following
language to this condition. "Any stockpiles of materials for a particular phase of the rho ~~
development must be stabilized before land disturbance within that phase begins." r~~
Comment Number 9 (Condition 1(b)(vii)): We have added the following ~~ ~ is
language to this condition. "Materials required for stabilization of each phase shall be o Y'"e ~~, '~~
site prior to the time that such materials are needed." ~;~
'•, ~~
Comment Number 10 (Condition 1(b)(ix)): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition. ~
Comment Number 11 (Condition 2): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition. We also believe that advance
notification of any DWQ site inspection is inappropriate but are willing to have you spilt
samples with us at the time of sampling. /
Comment Number 12 (Condition 5): We believe that the language of the
original condition adequately protects water quality standards in these waters and
therefore, have not made any changes to the condition. The stormwater plan that has
been submitted is preliminary. A final plan must be approved by DWQ before stream
and wetland impacts can occur.
Comment Number 13 (Condition 9): We have modified this condition to add
the following language: "...or as otherwise approved by DWQ in writing after review and
comment by the NC Wildlife Resources Commission, to protect... ".
Comment Number 14 (Condition 10): The Certificate of Completion is hereby
attached.
Comment Number 15 (Next to Last Paragraph): We have modified this
condition to read as follows: "Violations of any condition herein set forth may result in
revocation of this Certification and may result in criminal and/or civil penalties."
If you have any questions, please call me at 919-733-9646 to discuss.
Sincerely yours,
John R. Dorney

Cc: Roger Thorpe
Todd St. John
Mike Parker, ARO
Central files
File copy
Asheville Field Office, US Army Corps of Engineers
Ms. Nancy Horton, Route 9, Box 1750, Burnsville, NC 28714
William Banks, Mountain Air Development Corp., Phipps Creek Road,
Burnsville, NC 28714