20061944 Ver 2_Approval Letter_20080417

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Mr. Shane Robichaud
Lonesome Valley Development, LLC
94 Lonesome Valley Road
Cashiers, NC 28717
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 17, 2008
Re: Lonesome Valley, Jackson County
DWQ #20061944; USACE Action ID No. 2007-00110-350
Logan Creek [031302, 4-13-3, C, TR]
APPROVAL of 401 Water Quality Certification - MODIFICATION
Dear Mr. Robichaud:
Attached hereto is a copy of Certification No. 3616 issued to Mr. Shane Robichaud, of the
Lonesome Valley Development, LLC, dated April 17, 2008. This Certification replaces the
Certification issued to-you on February 23, 2007. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited
to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Um
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, Clear Water Environmental Consultants, Inc., 718 Oakland Street,
Hendersonville, NC 28791
Filename: 061944Ver2LonesomeValley(Jackson)401_IC_MOD
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401 Oversight/Express Review Permits Unit lltlt'Cl1??l,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Shane Robichaud and Lonesome Valley Development, LLC
Page 2 of 7
April 17, 2008
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section.0500 to Mr. Shane Robichaud of the
Lonesome Valley Development, LLC, to fill 0.013 acres of wetland and 444 linear feet of
perennial stream in the Savannah River Basin, associated with the construction of the Lonesome
Valley residential development located on the north side of Highway 64, near Cashiers, Jackson
County, North Carolina, pursuant to an application filed on the 19th day of December of 2006, and
received by the DWQ on January 29, 2007, and by Public Notice issued by the U.S. Army Corps
of Engineers on January 25, 2007, and received by the DWQ on January 29, 2007, with additional
information received from you on October 17, 2007 and March 24, 2008.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). 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 shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. 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 Plan Location or Reference
404/Wetland 0.013 (acres) Application and Public Notice
Stream - perennial 444 linear feet Application and Public Notice
Shane Robichaud and Lonesome Valley Development, LLC
Page 3 of 7
April 17, 2008
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit Application. 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. 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. 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
to ensure compliance with 15A NCAC 213.0233 and GC 3404;
6. No Impacts Beyond those in Application
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.
Shane Robichaud and Lonesome Valley Development, LLC
Page 4 of 7
April 17, 2008
Continuing Compliance:
Mr. Shane Robichaud and the Lonesome Valley Development, LLC, shall conduct
construction activities in a manner consistent with State water quality standards (including
any requirements resulting from compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of State law and federal law. If the Division determines
that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division
shall notify Mr. Shane Robichaud and/or the Lonesome Valley Development, LLC, NC and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
21-1.0504. Any new or revised conditions shall be provided to Mr. Shane Robichaud and/or
the Lonesome Valley Development, LLC, NC in writing, shall be provided to the United
States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404
of the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
8. Compensatory Mitigation Using Onsite Restoration and Preservation
Mitigation must be provided for the proposed impacts. According to your conceptual
mitigation plan, referenced on page 3 of the Public Notice issued by the U.S. Army Corps of
Engineers on January 25, 2007, and received by the DWQ on January 29, 2007, you will be
restoring 570 linear feet of onsite perennial stream, preserving 37,891 linear feet of perennial
stream with a minimum 25-foot buffer, and preserving 0.587 acres of wetland with a
minimum 25-foot buffer. On February 7, 2008, the DWQ received your final proposed
mitigation plan for this project. The DWQ approves your final proposed mitigation plan for
this project.
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. Shuld there be 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. 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 (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
Shane Robichaud and Lonesome Valley Development, LLC
Page 5 of 7
April 17, 2008
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.
11. Deed Notifications
Deed notifications 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 at the time lots or
properties are recorded. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http: //h2o. enr. state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
12. 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.
13. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http•//www ncdot or /g doh/operationsBMP manual/download/BMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
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.
Shane Robichaud and Lonesome Valley Development, LLC
Page 6 of 7
April 17, 2008
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.
14. 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 consistent with the Guidelines for Riparian Buffer Restoration immediately
following construction. (Please see attached.)
15. 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 channel (i.e. thalweg). Partial burial of culverts in this manner
also may require increasing their size to accommodate flow requirements.
16. 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.
17. Rock, sand, or other materials shall not 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 shall not be
modified by widening or changing their depths.
18. 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 streambed
after completing the construction work. Any diversion channels must be lined with fabric
and/or rock.
19. Any rip-rap 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.
20. All 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.
21. 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
Shane Robichaud and Lonesome Valley Development, LLC
Page 7 of 7
April 17, 2008
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.
22. All 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.
23. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
24. 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 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 17`h day of April 8
DIVI ON O W E ALITY
Coleen H. Sullins
3616
CHS/cbk/ijm