20071410 Ver 1_Approval Letter_20080527

o?o?waT?9p?

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
May 27, 2008
DWQ Project # 07-1410
Yancey County
Mr. John Holdsworth
Eagle's Crest at Sharp Top, LLC
2311 7`I' Street SW
Ruskin, FL 33570
Subject Property: Eagle's Crest
Ut to Haney Creek [040307, 7-3-8, WSII, TR, HQW] - MODIFICATION
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holdsworth:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 280 linear feet of perennial stream as described in your modification request
dated April 29, 2008, and received by the Division of Water Quality (DWQ) on April 30, 2008, to
construct the proposed single-family residential development at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3704 (GC3704). The Certification(s) allows you to use Nationwide Permit(s) 14 (NW14),
when issued by the US Army Corps of Engineers (USACE). 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, and Non-discharge 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
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:
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 280 linear feet PCN page 4 of 9
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: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noce hCarolina
Aatura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Eagle's Crest at Sharp Top, LLC
Page 2 of 5
May 27, 2008
2. 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.
3. 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.
4. Sediment and Erosion Control Measures
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.
6. 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
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 ht . //h2o. enr.state. nc. us/su/Forms Documents htm.
Eagle's Crest at Sharp "lop, LLC;
Page 3 of 5
May 27, 2008
7. 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.
8. 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.org/doh/operations/BMP 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.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
9. Rock, sand, or other materials are not excavated from stream channels except in the immediate
permitted areas.
Eagle's Crest at Sharp Top, LLC
Page 4 of 5
May 27, 2008
10. The stream channels are restored to stable and near natural conditions after completing the pipe
installations. The stream bottoms are not covered with rip-rap.
11. Any rock used for stabilization is clean and limited to the stream banks below the high water mark.
Rock is not placed in stream channels in a manner that obstructs fish passage.
12. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible following ground disturbance.
Erosion control matting is used with seeding on disturbed stream banks and is anchored with staples,
stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
13. Instead of rock, vegetation is used for stabilization above the ordinary high water level.
14. Sandbags, flexible pipe, or other temporary diversion structures are used to avoid excavation in
flowing water.
15. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted upstream and downstream of stream crossings to provide bank stability and shading if
vegetation is removed during construction.
16. Hydroseed mixtures and wash-waters do not reach streams.
17. No Stormwater Management Plan (SMP) Required
Based on the following information received by the DWQ from you on April 30, 2008, no SMP is
required for this project as submitted and modified: "Eagle's Crest at Sharp Top, LLC is unable
to perform the work necessary to develop a complete and acceptable Stormwater Management
Plan as required by the DWQ before impacts occur on site; therefore, Eagle's Crest at Sharp
Top, LLC has eliminated all high-density areas on the property. The previous master plan,
attached as Figure 1, illustrates six multi family units (A-F) and a clubhouse area on the
southern portion of the property. These structures have been eliminated. The multi family units
(A-F) have been converted to single-family lots. And, the clubhouse area has been converted to
greenway."
18. 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.
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 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Eagle's Crest at Sharp Top, LLC:
Page 5 of 5
May 27, 2008
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
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 or Ian McMillan at 919-7 1786.
Sinc rely,
Coleen H. Sullins
CHS11em
Enclosures: GC 3704
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Raleigh Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, ClearWater Environmental Consultants, Inc., 718 Oakland Street,
Hendersonville, NC 28791
Filename: 0714 10 EaglesCrest(Yancey)40 ] _MOD