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Home My WebLink About20071281 Ver 3_Approval Letter_20090608r &,A_ NCD EN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 8, 2009 Mr. Michael Posey Cobalt Development Group 36 Kimberly Avenue Asheville, NC 28804 Re: Sunset Falls At Bald Creek, Haywood County DWQ #20071281, Ver. 3; USACE Action ID. No. 2008-01636 Ut to Little Creek [040305, 5-22-2-3, C] APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Posey: Dee Freeman Secretary Attached hereto is a copy of Certification No. 3798 issued to Michael Posey of Cobalt Development Group, dated June 8, 2009. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. CHS/cbk/ijm Sincerely, Coleen H. Sullins Attachments: Certificate of Completion NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 USACE Asheville Regulatory Field Office Susan Wilson, DWQ, Asheville Regional Office DLR, Asheville Regional Office File Copy Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791 Filename: 071281 V3SunsetFallsAtBaldCreek(Haywood)401_IC 401 OversighVExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state,nc.us/ncwetlands/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer Cobalt Development Group Page 3 of 6 June 8, 2009 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. 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 404/40 1 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. 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 http: //h2o. enr. state. nc. us/su/Forms Documents. htm. Continuing Compliance 6. Mr. Michael Posey and Cobalt Development Group, 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. Michael Posey and/or Cobalt Development Group 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. Michael Posey and/or Cobalt Development Group 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. Cobalt Development Group Page 4 of 6 June 8, 2009 7. 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. 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 send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 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 Cobalt Development Group Page 5 of 6 June 8, 2009 permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements. are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ; 9. 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/documents/wet buf compl.pdf. The text of the sample deed notification may be modified as appropriate to suit to this project. Mitigation: 10. Compensatory 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 (919) 716-19215 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: Type of Impact Compensatory Mitigation Required River and Sub-basin Number Stream (perennial) 502 (linear feet) French Broad/06010106 11. Heavy Equipment Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. 12. Concrete All Concrete used in this project shall be pre-cast and cured on land prior to placing on the lake bottom as to prevent the leaching of caustic materials in to the water. 13. Rock, sand, or other materials are not excavated from stream channels except in the immediate permitted areas. 14. 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. 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. Cobalt Development Group Page 6 of 6 June 8, 2009 15. 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. 16. Sandbags, flexible pipe, or other temporary diversion structures are used to avoid excavation in flowing water. 17. 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. 18. Hydroseed mixtures and wash-waters do not reach streams. 19. 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 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 8tig 09 DIVISION UALITY """Z Coleen H. Sullins CHS/cbk/?m 3798 A LVNCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements Dee Freeman Secretary In accordance with 15A NCAC 2H.0500, Mr. Michael Posey of Cobalt Development Group, have permission to fill or otherwise impact 0.30 acres of 404/wetland and 502 linear feet of perennial stream in the French Broad River Basin associated with the construction of Phase II of the Sunset Falls residential development located off James Chapel Road, in Crabtree, Haywood 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 Sunset Falls At Bald Creek DWQ PROJECT 20071281, Ver. 3 LOCATION: Crabtree COUNTY Haywood BASIN/ SUB BASIN French Broad/06010106 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 502 Linear Feet of Perennial Stream 502 Linear Feet of Perennial 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 EN14ANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 716-1921 Filename: 071281 V3SunsetFallsAtBaldCreek(Haywood)401_IC_EEP 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http://h2o.enr.state.nc.us/ncwetlands/ NorthCarolina ?aturallt? An Equal Opportunity 1 Affirmative Action Employer