20070133 Ver 2_Modifications_20081031

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
October 30, 2008
Mr. Ian McMillan
U.S. Army Corps of Engineers
Asheville Regulatory Field Office ?L2
151 Patton Avenue, Room 208 0 C.r 3 1 2008
Asheville, N.C. 28801
DEIdR - WATER QUALITY
RE: NCDWQ Project No. 07-0133 WETLANDS ArIDSTQRMWAMRBRMcH
The Ridge at South Mountain
Rutherford County, North Carolina
Dear Mr. McMillan:
Per our conversation on October 30, 2008; The Ridge at South Mountain (RSM) requests
that DWQ modify the original 401 certification dated April 3, 2008 that authorized the
"fill or otherwise impact 208 linear feet of perennial stream, and flood 4,100 linear feet of
perennial stream in the Broad River Basin, to construct a residential community and with
an aesthetic lake at the site". This modification letter requests that DWQ change the 401
certified amount of 208 linear feet for fill to 280 linear feet for fill. The USACE 404
authorized this correct amount of 280 linear feet. Both the USAGE 404 permit and DWQ
401 Certification are attached.
The RSM has attached the acceptance the letter from EEP with 280 linear feet of impact
and 560 credits. The RSM needs this corrected 401 certification in order to obtain the
EEP invoice with the true amount of 280 linear feet in order to comply with the
mitigation condition #7 of the 401 certification.
Please do not hesitate to contact me with any further questions or comments.
Thank you,
`IR. Clement Riddle, P.W.S.
Cc: Jonathan Hollifield, The Hollifield Group
Enclosure: EEP Acceptance letter, USACE 404 permit, DWQ 401 certification
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Ecosystem
PROGRAM
August 26, 2008
Jonathan Hollifield
The Hollifield Group
361 Bostic-Sunshine Hwy
Bostic, NC 28018
Expiration of Acceptance: May 26, 2009
Project: Ridge at South Mountain County: Rutherford
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www_nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Broad 03050105 Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 280 0 0 0 0 0 0
Credits 0 560 0 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Wt am D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Kevin Barnett, NCDWQ-Wetlands/401 Unit
Clement Riddle, agent
File
RP?StOY .. .. ProtP,Gt ? Ocw Stag ???
• NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
DEPARTMENT OF THE ARMY PERMIT
Permittee The Hollifield Group, LLC
Permit No. 2007-328
Issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To discharge fill material to construct a dam and subsequent impoundment for a
recreational amenity to the residential development known as the Ridge at South Mountain, Total impacts
to stream channels authorized by this permit are 280 linear feet of fill for the construction of the dam and
approximately 4,100 linear feet of flooding to create an open-water impoundment. There are no impacts to
stream channels or wetlands associated with the construction of road crossings which will all be
bridged/spanned.
Project Location: Bostic-Sunshine Highway, near Rutherfordton, Rutherford County, North
Carolina., North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on August 28, 2013 If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
THE HOLLIFIELD GROUP, LLC (PERMITTEE) (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
JEFFERSON M. RYSCAVAGE COLONEL (DATE)
(DISTRICT COMMANDER
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE)
(DATE)
`U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
SPECIAL CONDITIONS
Work Limits
a) All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-
clearing activities shall take place at any time in the construction or maintenance of this project,
in such a manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters or wetlands.
Related Laws
d) All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the
event of a spill of petroleum products or any other hazardous waste, the permittee shall
immediately report it to the N.C. Division of Water Quality at [phone], Ext. 526 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
Project Maintenance
e) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
f) The permittee shall require its contractors and/or agents to comply with the terms and conditions
of this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this permit. A copy of this permit, including all conditions, shall be available at the
project site during construction and maintenance of this project.
g) The permittee shall employ all sedimentation and erosion control measures necessary to prevent
an increase in sedimentation or turbidity within waters and wetlands outside the permit area.
This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
h) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner
as the Secretary of the Army or his authorized representative may direct, restore the water or
wetland to its pre-project condition.
Enforcement
i) Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of
the Rivers and Harbors Act must be reported in writing to the Wilmington District U. S. Army Corps
of Engineers within 24 hours of the permittee's discovery of the violation.
Mitigation
j) You shall mitigate for unavoidable impacts to 4,380 linear feet of stream channel associated
with this project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP)
in the amount necessary to perform restoration to 560 linear feet of cool water stream in the
Broad River Basin (Cataloging Unit 03050105). Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment with certified check to the
NCEEP, and the NCEEP has made written confirmation to the District Engineer, that it agrees
to accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of Environment and
Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated
November 4, 1998.
k) Additionally, the permittee will mitigate for unavoidable impacts to stream channels associated
with this project by preserving 0.15 acres of wetlands and 11,225 linear feet of existing stream
channel and associated 60-foot (15.5 acres) riparian buffers on each side of the stream channels
as depicted on the attached plans dated August 26, 2008. These areas will be preserved through
the implementation of a restrictive covenant as described below in conditions (1) and (m).
1) The Permittee shall submit to the Corps for approval, a restrictive covenant for the purpose of
maintaining proposed preservation areas in their natural state in perpetuity. Prohibited activities
within the mitigation property shall specifically include, but not be limited to: the construction
or placement of roads, walkways, buildings, signs, or structures of any kind (i.e., billboards,
interior fences, etc.); filling, grading, excavation, leveling, or any other earth moving activity
other than those associated with restoration/enhancement work or activity that may alter the
drainage patterns on the property; the cutting, mowing, destruction, removal, damage or other
alteration of any vegetation; disposal or storage of any debris, trash, garbage, or other waste
material; except as may be authorized by subsequent modifications which are approved by the
Corps of Engineers.
m) The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded in
the Register, of Deeds for Rutherford County prior to the sale or conveyance of any lots, phases,
or other property within the subdivision. The permittee shall also cause to be recorded a plat,
showing the subdivision plan for the property, the boundary of the preservation areas, and the
boundary of jurisdictional waters of the United States. The permittee shall enforce the terms of
the restrictions set forth in the deed, and, prior to conveyance of the property, shall take no
action on the property described in the deed inconsistent with the terms thereof.
n) The permittee and subsequent property owners shall take no action, whether on or off the
mitigation property, which will adversely impact the stream habitat on the preservation
property.
o) Condition (m), above, runs with the land. The permittee shall not sell, lease, or otherwise
convey any interest in the mitigation property without subjecting the property to legally
enforceable restrictions on the use of the property, to ensure its preservation in perpetuity,
approved in writing by the Wilmington District Corps of Engineers.
p) The permittee will also mitigate for unavoidable impacts by constructing a littoral shelf around
the lake. Prior to initiating any of the work authorized by this permit, a plan shall be submitted
that details the location, amount, planting plan, and monitoring schedule. Emergent, tree, and
shrub species planted shall consist of species native to the Rutherford County area. The
requirements found in the mitigation plan shall be fully completed within one year of the date of
that the dam is constructed.
q) The permittee will also mitigate for unavoidable impacts by removing existing non-point
sources of sediment on the site through removal and planting of un-used logging roads that
are causes sedimentation to stream channels on the site. Prior to initiating any of the work
authorized by this permit, a plan shall be submitted that details the location, amount,
planting plan, and monitoring schedule. Emergent, tree, and shrub species planted shall
consist of species native to the Rutherford County area. The requirements found in the
mitigation plan shall be fully completed within one year of the date of that the dam is
constructed.
r) The permittee will conduct pre and post construction monitoring of stream channels located
upstream and downstream of the proposed dam to ensure the maintenance of base flows,
temperature, dissolved oxygen, and benthic macro invertebrates. The monitoring shall be
conducted monthly for a year pre and post dam construction and should include no less than
six stations (three downstream of the dam and three upstream of the dam). At each station, a
cross-sectional survey, longitudinal survey, pebble count, and macro invertebrate sample
should be conducted. This monitoring information should be submitted to both the Corps
and USFWS Asheville Office for review and data collection.
s) Storm water will be directed to buffer areas and retention basins and will not be routed
directly into streams or wetlands.
t) This Department of the Army permit does not obviate the need to obtain other Federal, State, or
local authorizations required by law.
u) The permittee shall conduct a pre-construction meeting with a Corps of Engineers representative
and applicable contractors prior to any land disturbance activities.
August 28, 2008
Regulatory Division
Action ID. SAW-2007-328
Mr. Jonathan Hollifield
The Hollifield Group, LLC
361 Bostic Sunshine Highway
Bostic, North Carolina 28018
Dear Sir,
In accordance with your written request of January 19, 2007, and the ensuing
administrative record, enclosed are two copies of a permit to discharge fill material to construct a
dam and subsequent impoundment for a recreational amenity to the residential development
known as the Ridge at South Mountain, on Bostic-Sunshine Highway, near Rutherfordton,
Rutherford County, North Carolina. Total impacts to stream channels authorized by this permit
are 280 linear feet of fill for the construction of the dam and approximately 4,100 linear feet of
flooding to create an open-water impoundment. There are no impacts to stream channels or
wetlands associated with the construction of road crossings which will all be bridged/spanned.
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains an initial proffered permit for the above described activity. If
you object to this decision or the enclosed special conditions you may request that the District
2
Commander reconsider his decision. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you
must submit a completed RFA form to the District Commander, Wilmington District Corps of
Engineers at the following address:
Col. Jefferson M. Ryscavage., District Commander
US Army Corps of Engineers, Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402-1890
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by October 28, 2008.
**It is not necessary to submit an RFA form to the Division Office if you do not object to
the decision in contained in this correspondence.**
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Amanda Jones at the Asheville Regulatory Field Office, telephone [phone] extension
231.
Sincerely,
William T. Walker
Chief
Asheville Regulatory Field Office
NOTITIC ATION OF aDNIINISTW-kTIN"L : PPE.Al, OPTIONS AND PROCESS AND
=-c REQUEST FOR APPEAL
Applicant: The Hollifield Group, LLC File Number: 2007-328 Date: August 28, 2008
Attached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION' I - The following identifies your rights and options regarding an administrative appeal of the above_
decision;. Additional information may be found at http://www.usace.army.mil/inet/functi6n§/c\v,,,eecwo/re p or
.
Co r
s regulations at 33" CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Commander for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section H of this form and return the form to the District Commander. Your
objections must be received by the District Commander within 60 days of the date of this notice, or you will forfeit your right to
appeal the permit in the future. Upon receipt of your letter, the District Commander will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the
permit having determined that the permit should be issued as previously written. After evaluating your objections, the District
Commander will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Commander for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the Division Commander. This form must be received by the Division Commander within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the Division Commander. This form must be received by the Division
Commander within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the Division Commander
.
This form must be received by the Division Commander within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed)
by
,
contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
SECTION II-- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify
the administrative record. Neither the appellant nor the Corps may add new information or anal
s
t
th
d
y
es
o
e recor
. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF COtiTAGF FOR (QUESTIONS OR INFO RA FATION:
If you have questions regarding this decision If you only have questions regarding the appeal process
and/or the appeal process you may contact: you may also contact:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review Officer
USACE CESAD-ET-CO-R
151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28801 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of
any site investigation
and will h
th
,
ave
e o ortuni to artici ate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered P 't d
ermi s an approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, Project Manager, Asheville
Regulatory Field Office, 151 Patton Ave RM 208, Asheville, North Carolina 28801
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801
o?oF WA??9pG
? Y
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 3, 2008
Jonathan Hollifield
The Hollifield Group, LLC
361 Bostic Sunshine Highway
Bostic, NC 28018
Re: The Ridge At South Mountain, Rutherford County
DWQ #20070133; USACE Action ID. No. 2007-328-381
Broad-Roberson Creek [030802, 9-41-14, WSIV]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hollifield:
Attached hereto is a copy of Certification No. 3735 issued to Mr. Jonathan Hollifield, of the The
Hollifield Group, LLC, dated April 3, 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.
CHSIcbklijm
Si cerely,
Coleen H. Sullins '
Attachments: Certificate of Completion
Predictability Study Protocol For Sampling Reference Impoundments
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
401 Oversight/Express Review Permits 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
One
Np
rthCaro ina
Amrally
An Equal Opporlunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 2 of 7
April 3, 2008
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Sueanna Sumpter, Assistant Attorney General, NCDOJ, 42 North French Broad Avenue,
Asheville, NC, 28801
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
Ken Jolly, U.S. Army Corps of Engineers, Wilmington District Headquarters
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Forrest Westall, McGill Associates, P.O. Box 2259, Asheville, NC 28802
William Clarke, P.O. Box 7647, Asheville, NC, 28802
Filename: 070133TheRidgeAtSouthMou ntain(Rutherford)401 IC
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 3 of 7
April 3, 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. Jonathan Hollifield of the The
Hollifield Group, LLC, NC to fill or otherwise impact 208 linear feet of perennial stream, and
flood 4,100 linear feet of perennial stream in the Broad River Basin, to construct a residential
community and with an aesthetic lake at the site. The site is located on the west side of Bostic
Road, near Ramsey Road, northwest of Rutherfordton, in Rutherford County, North Carolina,
pursuant to an application dated the 18`h day of January of 2007 (received by the DWQ on July 22,
2007), and Public Notice issued February 9, 2007 (received by the DWQ on February 19, 2007),
and by additional information received from you on May 7, 2007, July 2, 2007, October 12, 2007,
and March 10, 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:
T y06 of Impact Amount Approved nits Plan Location or Reference
Stream - perennial 208 linear feet of fill in perennial streams, and Application materials and
flooding of 4,100 linear feet of perennial streams Corps of Engineers' Public
Notice
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 4 of 7
April 3, 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.
3. 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 Fencingl- 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 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Jonathan Hollifield and the The Hollifield Group, 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. Jonathan Hollifield and/or the
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 5 of 7
April 3, 2008
The Hollifield Group, 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 2H.0504. Any new or revised conditions shall be
provided to Mr. Jonathan Hollifield and/or the The Hollifield Group, 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;
Miti ag tion:
7. Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration furid. The payment to the
EEP by The Hollifield Group, LLC shall occur within 60 days of receipt of the EEP
invoice by The Hollifield Group, LLC. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Com ensato Mitigation Required River and Sub-basin Number
Stream - erennial 208 linear feet Broad/03050105
Additionally, as described in your application materials, you have agreed to preserve the
remaining 11,225 linear feet of onsite streams, establish a 120-foot buffer (60 on either
side) along these streams, and maintain a 50-foot forested buffer around the proposed
amenity pond per your correspondence dated May 4, 2007. You have also agreed
establish and administer a Lake Management Plan with a Certified Lake Manager per
your correspondence dated May 4, 2007. Approximately 14,079 linear feet of on-site
stream channel will be buffered and preserved in this manner:
Deed Notifications:
8. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the
401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies of all deed restrictions
applied to these lots;
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 6 of 7
April 3, 2008
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
htt2.Ilh2o. enr. state. nc. us•/su/Forms Documents htm. ;
10. Sampling of similar reference impoundments per the attached guidance document
Predictability Study Protocol for Sampling Reference Impoundments (NCDWQ, March
.12, 2008) shall be implemented before the proposed impacts may occur. We
understand that you intend to proceed with this sampling during the 2008 monitoring
season. Following the completion of this monitoring season, the final design details for
the dam and impoundment shall be developed within the context of the results of this
sampling, and shall be submitted to DWQ for approval in writing before the proposed
impacts may occur. The final plan shall include a discussion of how water quality
standards will be monitored and maintained within the impoundment. The final plan
shall also include the structural design drawings and details for the dam, including the
plan and profile views illustrating the height, toe, materials, spillway, as well as the
operation and maintenance plan.
13. Native wetland species and shrubs should be planted along the aquatic shelf in areas
where practicable to help promote diversity among species that may naturally propagate.
14. The minimum water release plan for.the proposed dam must be approved in writing by
this Office before the approved impacts may occur. The plan must include a written
explanation of the specific discharge rate and mechanism to provide for each required -
release. The plan must also include any design specifications, details and calculations to
show that the release shall be achieved in the given conditions. The plan shall also
include monitoring that ensures compliance. The plan and any associated facilities, once
approved, must be in place and implemented upon the completion of the dam.
15. 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 Permit.
Mr. Jonathan Hollifield and The Hollifield Group, LLC
Page 7 of 7
April 3, 2008
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 3`d day of April 2008
DIVISION OF WATER QUALITY
Coleen H. Sullins
CHS/cbk/ijm
3735