20020508 Ver 3_Approval Letter_20081219

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Mr. Chris Crouch
Balsam Mountain Preserve, LLC
52 Sugar Loaf Road
Sylva, NC 28779
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
December 19, 2008
Re: Balsam Mountain Preserve, Jackson County
Sugar Loaf [040402, 2-79-39-5-1, C]
Blanton Branch [040402, 2-79-39-10, C]
DWQ #20020508, Ver. 3; USACE Action ID. No. 200230652/200702076
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Crouch:
Attached hereto is a copy of Certification No. 3405 issued to Mr. Chris Crouch and Balsam Mountain
Preserve, LLC, dated December 19, 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. This
Certification replaces the one issued to you on May 14, 2008.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
"'L a
Coleen 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
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28792
Filename: 020508 Ver3BalsamMou ntai nPreserve(Jackson)401_IC-MOD2
Nor hCarolina
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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://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Balsam Mountain Preserve, LLC
Page 2 of 5
December 19, 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. Chris Crouch and Balsam Mountain Preserve, LLC, to
fill or otherwise impact 3,147 linear feet of perennial stream in the Little Tennessee River Basin,
associated with development of the Balsam Mountain Preserve, located 10 miles west of Waynesville and
6 miles east of Sylva, in Jackson County, North Carolina, pursuant to an application dated the 18`h day of
February of 2008, and received by the DWQ on February 19, 2008, by Public Notice by the U.S. Army
Corps of Engineers issued on the 13'h day of March of 2008 (received by DWQ on March 17, 2008). This
Certification replaces the one issued to you on May 14, 2008. This Certification corresponds to your
after-the-fact modification request and revised application materials received on July 10, 2008, September
10, 2008, November 3, 2008, and December 18, 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:
Type of impact Amount Approved Units Plan Location or Reference
Stream (perennial) 3,147 (linear feet) Application and Public Notice
Sediment and Erosion Control:
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
Balsam Mountain Preserve, LLC
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December 19, 2008
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit 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 without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
Continuing Compliance:
5. Mr. Chris Crouch and Balsam Mountain Preserve, 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. Chris Crouch and Balsam Mountain
Preserve, LLC 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. Chris Crouch and Mountain
Development Company 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:
6. Compensatory Mitigation Using Onsite Restoration/Enhancement/Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. You have
proposed 3,147 linear feet of perennial stream impacts, and propose to mitigate for these impacts
as shown 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 678
linear feet of 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
Balsam Mountain Preserve, LLC
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December 19, 2008
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 fund. You have 60 days from the date
of this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the following
compensatory mitigation requirement:
The DWQ finds this to be an acceptable plan.
Type of Stream Mitigation Quantity of Stream Mitigation
Payment to NC EEP 678 (linear feet)
Onsite Preservation 200,328 (linear feet)
Brook Trout Reintroduction 7,657 (linear feet)
Onsite Enhancement 569 (linear feet)
Culvert Removal Restoration 2,520 (linear feet)
No mitigation credits shall be granted for off-site sediment removal and stream bank stabilization.
These impacts are self-mitigating for dam failure impacts.
8. No mitigation credit will be approved for streams identified in Application Section 2.4 as these
areas are self-mitigating for dam failure caused impacts. This Office will only approve bank
restoration/stabilization and buffer replanting in these areas. In this Section, you state, "Channel
shaping will attempt to match estimated original cross sections." This Office will require
approval of reference reach information prior to commencement of work in this area. Finally,
sediments should not be removed except where existing cross sections are greater than 10% less
than the regional curve data point.
9. As discussed in Application Section 4.3: Success of Brook Trout Enhancement must be evaluated
and re-stocking performed as necessary.
10. All streams within golf course should be evaluated for sediment impacts related to golf course
development. On-site observations showed these streams carrying significant sand loads not
typical for the cobble/gravel stream system types present above the golf course.
11. Trout Moratorium
The stream is a had historically supported wild southern strain brook trout. In order to protect
downstream uses for trout Waters a requirement of this Certification is that any additional work
conducted within the stream may not occur between the dates of October 15 through April 15.
12. A water quality standards failure contingency response plan must be submitted and approved by
this Office prior to the occurrence of the proposed impacts.
13. Before any of the impacts approved in the Certification are conducted you must submit, and
obtain written approval by this Office for a minimum water release plan. 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 dam.
Balsam Mountain Preserve, LLC
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December 19, 2008
14. A minimum cool water release structure for this dam must be designed for mid-column release
during normal flows and during low flow conditions it must also provide for low flow release to
the downstream channel. This minimum cool water release structure must be approved by this
Office prior to the occurrence of the proposed impacts.
15. A wild southern strain brook trout population restoration plan must be submitted and approved by
this Office prior to the occurrence of the proposed impacts. The plan must include as-built
surveys and periodic monitoring along with a remedial plan and schedule that would be
implemented should the channel reconstructions cause instability.
16. Submission and approval of a quarterly monitoring plan to sample monitor flow below the dam
and above the impoundment for temperature, pH, and dissolved oxygen approved by this Office
prior to the occurrence of the proposed impacts.
17. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of
Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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.
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 19`x' day of Dec er 2008
DIVISION F TE ALITY
C leen H. Sullins
3405
CHS/cbk/ym
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Chris Crouch and Balsam Mountain Preserve, LLC, have permission
as outlined below to fill or otherwise impact 3,147 linear feet of perennial stream in the Little Tennessee River
Basin, associated with development of the Balsam Mountain Preserve, located 10 miles west of Waynesville and 6
miles east of Sylva, in Jackson County, North Carolina. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: Balsam Mountain Preserve
DWQ PROJECT 20020508, Ver. 3
LOCATION: Sylva
COUNTY Jackson
BASIN/ SUB BASIN Little Tennessee/06010203
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
678 Linear Feet of Stream 678 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 020508 Ver3BalsamMountainPreserve(Jackson)401 _IC_EEP_MOD2
NQ?thCarolina
401 Oversight/Express Review Permitting Unit atuCa!!?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certificatiow and Buffer Rules, the approved plans and
specifications, and other supporting materials.
County:
Date:
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date