20061944 Ver 1_Staff Comments_20070213

Lonsome Valley - 20061944 -Jackson County
' ct: Lonsome Valle - 20061944 -Jackson Count
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From: Kevin Barnett <[e-mail]>
Date: Tue, 13 Feb 2007 22:31:42 -0500 (EST)
To: [e-mail]
CC: [e-mail], [e-mail]
Hello Ian:
The Asheville Regioanl Office has reviewed the application for, and
requests authorization be issued for the project with the following
additional conditions.
+ 1. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of
se 'ment and erosion control Best Management Practices, shall be
rformed so that no violations of state water quality standards,
statutes, or rules occur.
2. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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 ate that the Division of Land Resources has released the project.
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-
1
4. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in
the submitted application. Teh required mitigation will be provided in
3 parts.
1. Restoration of 570 linear feet of Logan Creek on-site.
2. Preservation of 37,891 linear feet of streams on-site.
3. Preservation of 0.587 acres of wetlands on-site.
Restoration monitoring shall be performed in accordance with the plan
included in the submitted application. All streams and wetlands
throughout the property shall be placed into protective measures withd
401 Water Quality Certification.
5. Diffuse Flow
All constructed stormwater conveyance
maintained as diffuse flow at non-ero
protected stream buffers such that it
discharging into a stream. If this is
to provide stormwater facilities that
nitro~gen~T is may require additional
5. `~ Protective Fencing
outlets shall be directed and
live velocities through the
will not re-concentrate before
not possible, it may be necessary
are considered to remove
approval from this Office.
The outside buffer, wetland or water boundary and along the
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Lonsome Valley - 20061944 -Jackson County
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 .0216.
Buffer Replanting
Replanting of woody vegetation throughout the property located within
25 feet of the top of all stream banks and wetland boundary must be
performed consistent with the Guidelines for Riparian Buffer
Restoration. All buffer restoration must be performed within 30 days of
issuance of your water quality certification, or prior to transfer of
ownership of any lots within the development, which ever occurs first.
Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units)
shall not be exceeded as described in 15 A NCAC 2B. .0200. Continious,
recording, turbidity monitoring shall be utilized up and down stream of
all instream work to be performed. Monthly reports of said data shall
be provided to the Asheville Regulatory Field Office within 15 days of
the end of each month following the sampling period. Appropriate
sediment and erosion control practices must be used to meet this
standard.
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.
Deed Restrictions
Deed restrictions or conservation easements 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 prior to impacting any
wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate. Proof of the
recording of these protective measures shall be submitted to both the
DWQ 401/Wetlands Unit and the Asheville Central Office within 30 days
of recording.
10. Culvert Installation
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
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Lonsome Valley - 20061944 -Jackson County
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. Therefore, you must provide plans
with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written
approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans.
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.
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.
Culverts shall not be installed in streams where brook trout exist.
Streams shall be sampled prior to vegetation clearing / access and if
brook trout identified bridges shall be installed instead of culverts.
11. Final Construction Drawings
Two copies of the final construction drawings shall be furnished to
NCDWQ prior to the pre-construction meeting. Written verification
shall be provided that the final construction drawings comply with the
attached permit drawings contained in the Application.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Asheville
Regional Ofice in writing at the letterhead address within 10 days of
the commencement of construction.
13. Final Restoration Plans
The applicant shall provide final construction drawings for the
proposed stream restoration project prior to the pre-construction
meeting. Written verification shall be provided that the final
construction drawings comply with natural stream design concepts as
presented in the Application.
Thanks Ian,
Kevin
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