20072227 Ver 1_Approval Letter_20080826

?OF W A T,qQ Michael F. Easley, Governor
William G. Ross Jr., Secretary
Uj North Carolina Department of Environment and Natural Resources
Colleen H. Sullins, Director
d r "f
Division of Water Quality
August 26, 2008
Mr. Burt Baine
Devin McCarthy Land Development
315 Oaks Springs Road
Rutherfordton, NC 28139
Re: Queen's Gap, Rutherford/McDowell County
DWQ #20072227, Ver. 2; USACE Action ID. No. 2007-3208-381
Lewis Creek [030802, 9-41-13-1, WSV]
Ut to Harris Creek [030802, 941-13-2, WSV]
Ut to Rock Creek [030801, 9-19, C, TR]
Ut to Old Boney Creek [030801, 9-23-7, C, TR]
Ut to Morgan Creek [030801, 9-23-3, C, TR]
Ut to Cobb Branch [030802, 9-41-13-2-1, WSV]
Ut to Stoney Creek [030802, 9-4-9, WSV]
Ut to Gringer Branch [030801, 9-23-11-1, C, TR]
Ut to Stone Creek [030801, 9-23-11, C, TR]
Ut to Chalk Creek [030801, 9-23-12, C, TR]
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Mr. Baine:
Attached hereto is a copy of Certification No. 3754 issued to Mr. Burt Baine and Devin McCarthy Land
Development, dated August 26, 2008. This Certification replaces the Certification issued on August
20, 2008. 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.
S' erely,
oleen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Roger Edwards, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Jennifer Robertson, WNR, P.O. Box 882, Canton, NC 28716
Filename: 072227Qu eensGapSDGolfCou rse(Rutherford_McDowell)40l _IC_Revised
,One,
ivv u??.cu vuua
401 Oversight/Express Review Permits Unit lllllCQ!'?!,
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, 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
Mr. Burt Baine and Devin McCarthy Land Development.
Page 2 of 2
August 26, 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 211, Section .0500 to Mr. Burt Baine and Devin McCarthy Land Development, to
fill or otherwise impact 0.218 acres of 404/wetland and 1,381 linear feet of perennial stream and 640 linear
feet of intermittent stream, 0.221 acres of open water, and 15,741 linear feet of stream enhancement (of
which 4,143 linear feet will be use to mitigate for 1,381 linear feet of perennial stream) to construct the
proposed Queen's Gap golf course and residential development, which is located along Painters Gap Road,
Thermal City Road, Doubleview Drive, and Tight Run Road, in Thermal City, Rutherford/McDowell
Counties, North Carolina, pursuant to an application dated November 14, 2007, and received by the DWQ
on December 19, 2007, and additional information received on March 17, 2008, May 15, 2008, and July 17,
2008, and by Public Notice issued by the USACE on January 9, 2008, and received by the DWQ on January
9, 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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.218 (acres) Application and Public Notice
Stream (perennial) 1,381 (linear feet) Application and Public Notice
Stream (intermittent) 640 (linear feet) Application and Public Notice
Open Water 0.221 (acres) Application and Public Notice
Stream Enhancement 15,741 (linear feet) Application and Public Notice
c
Land Development.
Mr. Burt Baine and Devin McCarthy page 3 of 3
August 26, 2008
Sediment and Erosion Control: specifications
control practices must be in full complian f such with all such Best
installation and operation and maintenance o
2, Erosion and sediment
governing the proper design,
Practices in order to protect surface waters standards: Management
installed,
eet must be def signed,
North Carolina
a, T he erosion and sediment control measures for the proj
maintained in accordance with the most recent version o
operated, and mamt and Design Manua
Sediment and Erosion Control Planning and ero the most
installation, operation, and maintenance of the sediment and erosion ied b. The design, t control
hP devices
measures must be such that they ?ina qual S,eordiment exceed an,d Etherosion requiremen Controsl s Me anual. in )
oj ects
recent version of the North Caro borrow sites, and waste pile (spoil
with the project.
shall maintained -oall construction sites, or re air of erosion control measures and
and/ iated
including contractor-owned or leased borrow pits assoc
Sufficient materials treatment shall be ton sit at allptimes.
stormwater routing a
beyond
11 of any kind shall occur in wetlands, watrers, o All construction activities,
3. No waste, spoil, solids, or fi ltcatio
the footprint of the impacts depicted in the 404/401Penmit App
allation, operation, and maintenance of sedta e water quality tandardss,,est
including the design, mst ed so that no violations of
Management Practices, shall be perforrri
statutes, or rules occur;
control measures shall not be placed in wetlands or waters without prior
4. Sediment and erosion of sediment and erosion control
asures shall not be and
me
approval from the Division. If and placement
placement of temporary erosion control
waters is unavoidable, design a result in dis-equilibrium of wetlands or stream beds or banks,
stream of the above structured 1sediment and erosion control
conducted in a manner that may date that the
adjacent to or upstream and down ade restored within (2) months of the
devices shall be removed and the natural gr
Division of Land Resources or locally delegated program has released the project;
and along the construction
de buffer, wetland or water boundary marked with
The outsi shall
5, Protective Fencing - boundaries approved under this authorization be clearly roved to
corridor within these material) for the areas that have been app
or visibility to any land disturbing activities;
e warning fencing (or similar high
inforangringewithin the buffer, wetland or water pri
Conte Comp___ 1ie:
rth Land Development shall conduct construction °resulting froma
6. Mr. Burt Baine and Devin McCa yuali standards (including any requirements riate requirements
manner consistent with State wale e n Water Act) and any other approp
- compliance with section 303(d) the Clean
Division determines that such standards ore laws ofederal law not be is
g
= of State law and federal law. If the designated or achieved use) or that
the Division may
met (including the failure to sustain a design to assure comp Rance
being violated, or that further conditions are necessary ro riate to assure comp
this Certification to include conditions app p Before
reevaluate and modify
and requirements in accordance with 15A Bane and DeOvinrMcCarthy Land
with such standards
modifying the Certification, the Division shall notify Mr. B' public notice in accordance with
Development, and the US Army Corps of Engineers, provide opportunity for public hearing in accordance with 15A NCAC
15A NCAC 2H.0503 and provide
conditions shall be provided to Mr. Burt Baine and Devin
shall be provided to the United States Army Corps of
2H.0504. Any new or re
McCarthy Land Development in writing,
Mr. Burt Baine and Devin McCarthy Land Development.
Page 4 of 4
August 26, 2008
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:
7. Compensatory Mitigation Using Onsite Enhancement
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be performing onsite enhancement to mitigate for the proposed stream
impacts as described in the table located within your response to item No. 7 request for more
information from the DWQ - Asheville Regional Office, dated February
i 8 2008,
the DWQ - Central Office, on March 17, 2008. In summary, you have proposed enhancement of
6,877 linear feet of stream (Enhancement Levels I and II) to generate 4,301 linear feet of stream
credit. This method has been determined by the DWQ to be a suitable means to meet the
mitigation requirement.
Type of
Stream (
1,381
River and Sub-basin Number
Broad/03050105
8. 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 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.tic. uslsu/Forinc Documents htm.;
9. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://h2o.enr.state nc us/newetlands/documents/SMPReguirementsforApplicantsotherthanNCDO
T,pdf. The required SMP documentation must be submitted within 60 days of the issuance of the
401 Water Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321
Crabtree Blvd., Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the project
is subject to another state stormwater program, a copy of the approval letter and approved SMP
must be submitted before any impacts authorized in this certification occur. If a development is
phased, then the SMP for each future phase must approved by the 401 Oversight/Express Unit or,
if the project is subject to another state stormwater program, a copy of the approval letter and
approved SMP must be submitted before any impacts associated with that phase may occur.
The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each
Mr. Burt Baine and Devin McCarthy Land Development.
of
Page
August 26, 2008
future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied. perpetuity.
The approved SMP as well as drainage patterns must be maintained in The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the approval
letter and the modified SMP must be submitted to the 401 Oversight/Express Unit prior to the
commencement of the modifications.
10. 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
(htt ://www.nedot.or J/doh/o erati.ons/BMP manual/download rBMP Manual. df)
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.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401 /Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
Mr. Burt Baine and Devin McCarthy Land Development.
Page 6 of 6
August 26, 2008
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
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 of recording of the property, or of
individual lots, whichever is appropriate. 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. Proposed restoration/ enhancement areas should not remove any trees greater than 5" dbh as the
root mass is holding these banks together. All restoration / enhancement should be site specific,
and limited to the area of instability.
13. 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.
14. 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 26`h day of ust 2008
D IO OF QUALITY
oleen H. Sullins
3754
CHS/cbk/ijm