HomeMy WebLinkAbout20051511 Ver 1_Emails_2007011705-1511 The SEttings at Black Mountain
Subject: 05-1511 The SEttings at Black Mountain
From: Bev Strickland <bev.strickland@ncmail.net>
Date: Wed, 17 Jan 2007 17:11:12 -0500
To: Cyndi Karoly <cyndi.karoly@ncmail.net>
It has been saved at Filename: S:\2007 Correspondence\051511 The Settings at Black Mountain (Buncombe) 2.doc but I
will attache it here also.
051511 The Settings at Black Mountain (Buncombe) 2.doc Content-Type: application/msword
Content-Encoding: base64
1 of 1 1/26/2007 2:00 PM
o? WAT?9
10' 6
C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 6, 2005
DWQ Project # 05-1511
Buncombe County
Edward H. Knight
The Settings at Black Mountain
11 Terry Estate Drive
Black Mountain, NC 28711
Subject Property: The Settings at Black Mountain
Hwy. 9 South of Black Mountain
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Knight:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 329 linear feet of streams for the purpose of property
development at the subject property, as described within your application received by the N.C.
Division of Water Quality. (DWQ) on August 9, 2005. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 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, stormwater, 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 culverting activities 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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http h2o_enr state. nc us ncwetlan?i
N'os?eltCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Settings at Black Mountain
Page 2 of 8
September 6, 2005
Impacts Approved
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
UT to Cam Creek 30 (feet)
UT to Cam Creek 30 feet
UT to Camp Creek 30 (feet)
UT to Camp Creek 30 (feet)
UT to Cam Creek 25 (feet)
UT to Camp Creek 25 (feet)
UT to Cam Creek 25 (feet)
UT to Camp Creek 25 (feet)
UT to Camp Creek 25 (feet)
UT to Camp Creek 24 (feet)
UT to Cam Creek 30 (feet)
UT to Cam Creek 30 (feet)
Plan Location or Reference
#1 (Temporary Crossing)
#2 (Temporary Crossing)
43 (Temporary Crossing)
#4 (Temporary Crossing)
#5 (Permanent Crossing)
#6 (Permanent Crossing)
#7 (Permanent Crossing)
#8 (Permanent Crossing)
#9 (Permanent Crossing)
#10 (Permanent Crossing)
#11 (Temporary Crossing)
#12 (Temporary Crossing)
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
The Settings at Black Mountain
Page 3 of 8
September 6, 2005
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
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 Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide and receive
written approval from this Office for a final stream restoration plan for the stream segments to be
enclosed within the proposed bottomless culverts. The plan must include designs and
specifications that meet the definition of stream restoration (or enhancement if no relocation is
proposed) according to the latest version of the Internal Technical Guide for Stream Work in
North Carolina (available at http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream
and buffer relocation must be constructed, maintained, and monitored according to the plans
approved by this Office. 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. The relocated stream must be preserved in perpetuity by use of a conservation
easement or other similar mechanism as part of the approved plans.
A. Deed Restrictions -Deed restrictions or similar mechanisms shall be placed on the lot to
assure compliance with the conditions of this variance approval. These mechanisms shall
be put in place prior to impacting any waters or buffers. The Deed Restrictions shall
include the following paragraph.
The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or entity shall
fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, or
harm any vegetation; nor construct any structures or add any additional impervious
surfaces, on such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued compliance with
authorizations issued by the State of North Carolina, Division of Water Quality, DWQ
Project Number 03-1030, and therefore may be enforced by the State of North Carolina.
This covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
The Settings at Black Mountain
Page 4 of 8
September 6, 2005
B. Riparian Buffer Protection Areas - The "Riparian Buffer Protection Areas" shall include
all retained riparian buffers protected under 15A NCAC 02B .0233 and the "Additional
Buffer Preservation Area" identified on, page 3 or the provided cover letter within your
impact request.
7. Diffuse Flow
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. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities.
9. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Continuous monitoring by onsite, calibrated, continuous recording,
equipment must be performed both upstream and downstream of any instream work. The results
of this monitoring must be submitted along with the below required stability monitoring.
Additionally, should the results indicate a violation of the turbidity standard, all work shall cease
until such a point the measures are implemented to protect surface waters form further violations.
10. No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated program has released
the project.
11. Construction stormwater Permit NCGO10000
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 (NCGO10000) administered by DWQ is automatically issued
to the project. This 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
The Settings at Black Mountain
Page 5 of 8
September 6, 2005
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/FormsDocuments.htm.
12. Trout Moratorium
As these streams support trout, and in order to protect these downstream resources a requirement
of this Certification is that any additional work conducted within the stream may not occur
between the dates of October 15 through April 15.
13. Deed Restrictions
Deed restrictions 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 Approval and Authorization Certificate.
14. Temporary Fills
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 (except for the maintenance areas of permanent utility crossings) 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.
15. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross
section dimensions, pattern and longitudinal profile) shall be maintained above and below
locations of each culvert. Therefore, you must provide plans with adequate details that indicate
that the current stability of the stream will be maintained or enhanced. You must receive written
approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be
installed according to approved plans.
The Settings at Black Mountain
Page 6 of 8
September 6, 2005
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening methods. If
rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the
Division of Water Quality.
16. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the streambank
associated with any land disturbing activity, repair, replacement and/or maintenance must be
done in a manner consistant with the Guidelines for Riparian Buffer Restoration immediately
following construction. (Please see attached.)
17.In stream construction and disturbance within 25 feet of the top of banks must not occur from
October 15 to April 15 to protect trout spawning in waters downstream.
17. Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter
of the culvert placed below the level of the stream bottom to allow the accumulation of stream
bed materials and to facilitate aquatic life passage during periods of low stream flow. Larger
diameter culverts should be placed 1 foot below the stream bottom. Culverts should be placed in
the main flow charnel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their size to
accommodate flow requirements.
18.If concrete is used during construction (e.g., headwalls), a dry work area must be maintained
to prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts live concrete should not be discharged to surface waters due to the potential for water
chemistry change and a fish kill.
19. Rock, sand, or other materials should riot be dredged from the stream channels except in the
immediate vicinity of the crossings. Instream dredging has severe effects on aquatic life and
disturbance of the natural form of the channel can cause downstream erosion problems. The
natural dimension, pattern, and profile of the channels adjacent to the crossings should not be
modified by widening or changing their depths.
20. Sandbags, flexible pipe, or other diversion structures should be used to avoid excavation in
flowing water. Materials used for flow diversions should be removed from the stream bed after
completing the construction work. Any diversion channels must be lined with fabric and/or rock.
21. Storm water from roads should be directed to vegetated buffer areas (e.g. level spreaders) or
retention basins and not routed directly to streams. Drop inlets on streams must not be
constructed.
22.Any riprap placed for inlet or outlet stabilization should be clean and limited to the stream
bank below the high water mark and vegetation should be used above. Rip rap must not be
placed in stream channels in a manner that obstructs fish passage.
The Settings at Black Mountain
Page 7of8
September 6, 2005
23.A11 crossings should be constructed as close to perpendicular to the stream channels as
possible to minimize stream and buffer disturbance. Road and utility alignments should be set-
back as far as possible from stream channels to minimize sedimentation and buffer disturbance.
24. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible.
Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch,
red maple) should be reestablished upstream and downstream of the stream crossings if it is
removed during construction to provide bank stability and shading. We encourage the use of
native plants that must be removed from permanently disturbed areas.
25. Al I mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic
fluids or other toxic materials.
26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
27. The remaining lengths of streams and riparian areas on the tract should be protected in either
their existing or improved state (i.e. with native vegetation reestablished where absent) in
perpetuity from fill, vegetation removal, and other forms of disturbance with deed restrictions or
similar instrument. A riparian buffer width of 25 feet is minimally consistent with the "trout
buffer rule", but wider buffers are recommended to provide more water quality and habitat
functions.
28. A11 jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to the Asheville
Regional Office within 15 days of the end of each month.
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.
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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at either
Kevin.Bamett@ncmail.net or at 828-296-4657.
Sincerely,
The Settings at Black Mountain
Page 8 of 8
September 6, 2005
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files