19991233 Ver 1_Approval Letter_20000623

State of North Carolina
Department of Environment VAI
and Natural Resources A •
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 23, 2000
Chatham County
Mr. David Edwards DWQ Project #991233
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Bluegreen Corp.
451 River House Road
Bolivia, NC 28422
Dear Mr. Edwards:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 1,884 linear feet of streams (0.388-acres of waters) for the purpose of constructing a residential and
golf course community at the Harris Tract on Big Woods Road (SRI 716) near Jordan Lake in Chatham
County, as you described in your application dated November 5, 1999 (and as corrected on April 27, 2000).
After reviewing your application, we have decided that this impact is covered by General Water Quality
Certification Numbers 3102, 3103 and 3108. This certification allows you to use Nationwide Permit
Numbers 13, 14 and 26 upon issuance by the Corps of Engineers. In addition, you should get any other
federal, state or local permits before you proceed with your project (including, but not limited to Sediment
and Erosion Control, Coastal Stormwater, Non-Discharge, and Water Supply Watershed). This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application,
unless revisions are proposed to further reduce wetlands or stream impacts, and as modified below. If you
change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of this Certification and approval
letter; and thereby becomes responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters to notify the state in order to assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. A final, written stormwater management plan shall be approved by this Office before the
impacts specified in this Certification occur. The stormwater management plan must
include plans and specifications for stormwater management facilities designed to
remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. A separate management plan must be proposed for the
club house site. Also, before any permanent building is occupied at the subject site, the
stormwater management facilities, as approved by this Office, must be constructed and
operational, and the stormwater plan, as approved by this Office, shall be implemented.
Constructed wetlands or ponds must be constructed on all three tributaries before the
tributaries exit the site. Written DWQ approval is required for these plans. Constructed
wetlands must be built where construction is feasible. There shall be no direct discharge
of stormwater from any portion of the golf course to any stream.
3. Additional written approval is needed from DWQ for a mid-column, minimum flow
(7Q10) release plan from all on-line stormwater management devices, particularly the
pond at site A.
4. Sedimentation and Erosion Control measures designed to meet High Quality Water
standards must be designed, constructed and maintained properly for the entire site. A
revised Sedimentation and Erosion Control Plan must be submitted to the N.C. Division
of Land Resources ( attn: Mr. John Holley, Raleigh Regional Office) and be approved
before additional land clearing occurs..
5. A minimum 30-foot vegetation buffer must be established and protected along all
perennial streams shown on the most recent version of the USGS 1:24,000 scale
topographic map (approximately at the crossing for hole No. 5) and along streams
determined to be perennial by USGS methodology and accepted by Chatham County as
perennial streams. DWQ shall be copied with this plan within 90 days of the date of this
Certification. This submittal must include written conformation from Chatham County
regarding perennial stream buffers for their Water Supply Protection Ordinance.
Development in this buffer zone shall be limited to water dependent structures or as
otherwise outlined in 15ANCAC 2B .0216(3)(b)(I)(G).
6. Tree removal within 30 feet of stream channels shall be restricted to road and golf
fairway crossings in order to protect the temperature water quality standard.
7. Written DWQ approval is required for a water quality monitoring plan for water
chemistry, macrobenthos and physical parameters directed at TSS, temperature and
dissolved oxygen for all perennial streams at the site boundaries when channel flow is
present. This monitoring plan must continue for at least 5 (five) years after all
construction is completed on the development. Three copies of the annual monitoring
reports must be sent to DWQ by April 1St of each year. Remedial actions to correct any
identified exceedance of water quality standards must be proposed by the applicant in
these reports and, when approved by DWQ, implemented by the applicant.
8. A non-discharge permit for the wastewater/golf course application must be received from
the DWQ before construction begins.
9. The following changes need to be made in the site plan to further minimize impacts to
streams and wetlands:
a) the road crossings at impact areas C and D shall be eliminated by using cul-
de-sacs on these roads,
b) the fairway at hole 16 shall be realigned to avoid stream fill, and
c) the impact at hole 12 shall be eliminated unless required for a stormwater
management facility.
We understand that you have chosen to contribute to the Wetland Restoration Program in
order to compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC
2R.0402, this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), feet of restoration will be required.
Until the Wetland Restoration Program receives and clears your check (made payable to: DENR
Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be
contacted at 919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration
Program. You have one month from the date of this Certification to make this payment.
For accounting purposes, this Certification authorizes the impact of 1,884 linear feet
of streams (0.338 acre of waters) in 030605 river basin and subbasin, and 724 linear feet of
stream restoration is required. Please be aware that the Wetland Restoration Program
(WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 211
.0503(b)).
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely, err T. Stevens
Attachment
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Ron Ferrell; Wetland Restoration Program
Kevin Martin; Soil & Environmental Consultants
Diana Haywood; Haw River Assembly
Chatham County Water Supply Ordinance
Public hearing attendees
File Copy
Central Files
Todd St. John

NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Bluegreen Corp. has permission to impact streams as outlined below
for the purpose of developing a proposed golf course residential community. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached cetification transmitttal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION
COUNTY:
BASIN/SUBBASIN
Harris Tract
Chatham
030605
As required by 15A NCAC 2H.0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters 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 wetland Restoration Programs must be rounded to one-
quarter acre increments according to 15 2r.0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
724 linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements 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
it to the Wetlands Restoration Fund at the address listed 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 RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS
RESTORATION PROGRAM.
14 Signature
?0--23-OCU
Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]