20010635 Ver 1_Staff Notes_20030115

DRAFT
January 15, 2003
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:
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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. We are willing to make the following
clarifications to the Certification but have not yet done so pending your client's review of
these changes and the pending administrative appeals. The changes in seven of the
conditions would be 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
would 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.
Also, the existing Certification is issued to William A. Banks, Mountain Air
Development Company. In a recent telephone conversation, you asked that it be
reissued to Randy Banks, Mountain Air Development Company. However both the
Public Notice distributed by the US Army Corps of Engineers and the application
submitted directly to DWQ by your client list William Banks, Mountain Air Development
Company as the applicant. Please clarify your request for this change.
It is DWQ's understanding that your client may request a modification to the
Permit application for a water line and intake in the Cane River in order to provide water
for the golf course. Please clarify this situation and address why this issue should not
result in revocation of the 401 Water Quality Certification since "...information contained
in the application or presented in support thereof is incorrect...".
The proposed changes are as follows:
Comment Number 1 (Third Paragraph): We propose adding 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, do not plan to make 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, do not plan to make 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, do not plan to make any changes to the condition.
Comment Number 5 (Condition 1(b)(iii)): We propose adding the following
phrase to the 401 Certification to clarify our original intent: "...within 24 hours of the
completion of the grading." We also propose to change the word "tapping" to "tacking"
(i.e., securing the erosion control matting to the ground with tacks).
Comment Number 6 (Condition 1(b)(iv)): We propose adding 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, do not plan to make any changes to the condition.
Comment Number 8 (Condition 1(b)(vi)): We propose adding the following
language to this condition. "When any material is added to a stockpile, it must be
covered or stabilized within 48 hours."
Comment Number 9 (Condition 1(b)(vii)): We propose adding the following
language to this condition. "Materials required for stabilization of each phase shall be on
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, do not plan to make 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, do not plan to make 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, do not plan to make 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 propose modifying this condition to
add the following language: "...or as otherwise approved by DWO 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 propose modifying 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
Sue Anne Sumpter, NC Attorney General's Office -Asheville
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