20071472 Ver 1_Approval Letter_20071023

~~~ W ~ ~~,~~ Michael F. Easley, Governor
.~ ~G William G. Ross Jr., Secretary
1'-- Noah !~arolina Department of )/nvironment and Natural Resources
~_ ~
Coleen H. Sullins, Director
~ ~~~" ~ Division of Water Quality
October 23. 2007
I~V~/Q Project # 07-1472
Macon Cou^ty
Joseph W. Carriker
Duke Energy Corporation
Cuke Energy Lake Services - EC12~
Post Office Bcx 1006
Charlotte, NC 28201
Subject Property: Frankiir Canoe Porters
Lake Emo~~
A;rp-roval of 4a~ ~`~ater iuaiits Certification v~ith Adt3i°t~ranal Conditions
?dear 11JIr. Carriker:
-Yo+a have our approval, i, I aa;ccrdarce ~nvith tine attached ,onditions and ihesx? lister
below, tc place fill within, or otherwise impact fl.00007 ac; es cf ia'~efroni: for the pur~;os:?
of boating access at the subject property, as described within your application a receiver;
1^~ }he N.C. Division of 'J~~ater C~uaGty (D~'~IG~) on August 30, 2007. After reviewir,^ vor.~"
~~pii~l.ticr:, ~,~e ~av~~ devidQd t"at the impacts are cc»Ereu by Ce. eral L~Jater i~lac:i;fiy
Certification *Jumber(s) 3639 (GC3639). The Certir"icaticn(s) allows yot.o rase Rcgicr,ai
General Permit(s) 198200030 when issued by the US Army Corps of Engineers
(USAGE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, and buffer regulations. 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.
This approval is for the purpose that you described in your application. This
authorization in no way authorizes the proposed concrete bulkhead. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone'828) 29604500
Internet: www.ncwaterguality.orq FAX: [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycied110% Post Consumer Paper
NorthCarolina
~atura!!y
Customer Service
1-877-623-6748

Franklin Canoe Portage
Page ? of 4
March ~0, ?007
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and gene: al conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Shoreline 0.0007 (acres) A
2. Erosion & Sediment Control Practices
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 ail 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
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 sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
4. 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 date that the Division of Land Resources has released
the project.

Frarilc'.in Canoe Portage
Pa~TO ~ Ot ~
tiTar~n ~r, ?oo~
5. 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 4011VVetlands Unit, North Carolina
Divisor Uf 1~Vater Quality, 1650 iUlail Ser`~ice Center, Raleigh, NC, 276G9-1650.
5. Ripraplnstallation
Ali barks shall be laid back at a 2:1 {length :height) store and riprap applied a~ the
water I 'and interface (at full pcol). Ripr;~p shall be placed as a 1i~ear protective
rne~;sure upon the regarded slcpes. St^ne used in stabilization snail be a random size.
~~aryirg from GlGss B riprap up to 6 feet in diameter to provide additional wildlife habitat.
Aii areas above the Riprap stabilized for a distance of 25 feet shall be replanted in
ar,,:~ordance with the attached Cuidelir~es for Ri~aria:n Buffer Res#oration.
7. ~~eavy E;~uipment
J~e~:~•i~l e yuip~ent shouiu be operated from the "ark whenever ;;ossibie. Ail
mecl?anized equipment operated near surface ~~+~aters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels, lubricants;
h~~drauiic fl~ics or other toxic ^~aterials. Equipment used in s}ream channel m~.~st ce
cie~_,n, ne~~r~ or Icv~~ hour -;~~±ipment.
8. Diffuse glow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before being discharged. If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This
may require additional approval from this Office.
9. Disturbed banks and a 25-foot vegetated zone, must be restored in all areas except
where the canoe access (ramp) is located, along the shoreline to natural riparian
conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog
hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-
term bank stability and stream shading. Note, silky dogwood, silky willow and black
willow can be planted as live stakes collected during the dormant growing season.
Cuttings should be randomly planted on four (4) foot centers from the waters edge
to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot
centers. Stream banks in these areas should also be seeded with a native annual
and perennial seed mix with a temporary nursery crop of wheat, millet or other
grain.

Franklin Canoe Portaee
Page 4 of 4
March 30, 2007
10. Deed Notifications
Deed Notifications or similar mechanisms shall be placed on all 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
htto:11h2o.enr.state.nc.us.ncwetlands. DVS/Q shall be sent copies of all dee~1 restrictions
applied to this property.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CA~V1A
Permit.
if you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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, 6714 Mail Service Center, Raleig'-~,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask nor 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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnetta[?ncmail.net or at 828-296-4657.
Sincerely,
r" `
Coleen H. Sullins, Director
Division of Water Quality
Enclosures: GC 3639
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-1472. FranklinCanoePortage.Approval