20061152 Ver 2_Approval Letter_20070525

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 25, 2007
DWQ Project # 06-1152.Version2
Burke County
Cal Miller
Wetlands Resource Center
3970 Bowen Road
Canal Winchester, Ohio 43110
Subject Property: Silver Creek Restoration Site
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 4572 linear feet of streams for the purpose
of re-establishment of a natural pattern, dimension, and profile to Silver Creek (main
stem) one (1) tributary (Tributary A) of Silver Creek, AND to remove 40 linear feet of
culvert from Silver Creek (temporary culvert on main stem), to remove and replace 40
linear feet of culvert to an un-named tributary labeled C at the subject property, to
remove and replace a 20 linear foot culvert in Unnamed Tributary B, to otherwise
restore unnamed tributaries B and C, to establish native, woody, buffers along unnamed
tributary B and C, and to provide fencing suitable to keep livestock from encroaching on
the buffer as discussed during the meeting at the Asheville Regional Office of the NC
Department of Environment and Natural Resources on April 17, 2007, and as
referenced in your application received by the N.C. Division of Water Quality (DWQ) on
April 30, 2007. After reviewing your application, we have decided these impacts are
covered by General Water Quality Certification Number(s) 3495 (GC3495). The
Certification(s) allows you to use Nationwide Permit(s) 27 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
stormwater 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.
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www.ncwaterouality.org Fax [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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Silver Creek Violation Resolution
Page 2 of 6
May 25, 2007
This approval is for the purpose that you described in your application. If you
change your project beyond this approval, you must notify us and you may be required
to send us a new application. The current owner and 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:
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:
Stream Segment Amount Approved
Units Activity
Silver Creek 3,039 feet Stream Restoration
Unnamed Trib. A 1,533 feet UT Stream Restoration
Unnamed Trib. B 20 foot Culvert Replacement
Unnamed Trib. C 40 feet (40 feet of
removal and 40 feet of
replacement) Culvert Replacement
2. Sedimentation Clean Up. Impacts to approximately 2000 linear feet of stream was
observed and communicated in the Notice of Violation dated February 19, 2000. In
your April 27, 2007, application you proposed 375 feet of stream channel to receive
sedimentation restoration.
a. Sediment must be removed from the 375 stream as depicted in your application
received dated, April 30, 2007. The material must be place on high ground,
outside of the riparian zone, and stabilized. The areas where spoil material is to
be deposited must be stabilized, a map depicting the location and photographic
documentation must be collected.
b. For the 375 foot stream reach, sedimentation depths must be measured and
recorded prior to and subsequent to restoration efforts, this information must also
be collected.
c. The 375 foot stream reach must be restored within 60 days of the issuance of
this Certification and all of the monitoring information must be provided to DWQ
Asheville Regional Office with 90 days of the date of this Certification.
d. Downstream from the 375 foot sediment clean up, sediment measurements must
be taken and photographed at 75 foot intervals for 1500 stream feet.
e. Upstream from the main0-stem Silver Creek Restoration project, sediment
measurements must be taken and photographed at 75-foot intervals for 1500

Silver Creek Violation Resolution
Page 3 of 6
May 2S, 2007
stream feet. The sediment data from the two (2) 1500 stream sediment data
must be collected within 60 days of the issuance of this Certification and all of
this monitoring information must be provided to DWQ Asheville Regional Office
with 90 days.
f. Within 90 days of receipt of this Certification, a detailed written account with
photographs and must be provide explaining whether the data reveals that
additional sedimentation removal is merited. [Note: DWQ staff will review this
information, conduct follow up site inspections and additional cleanup may be
required independent of this Certification.]
3. Restoration to Unnamed Tributary B. Within 120 days of the date of the Certification,
the stream reach known as Tributary B, must be restored such that pattern, profile
and dimension of stream channel is restored and stable. The entire stream footprint
must be included in this effort, from its on-site origin or to the most upstream location
where it cross into the subject property boundary.
4. Restoration to Unnamed Tributary C. Within 120 days of the date of the Certification,
stream reach known as Tributary C, must be restored such that pattern, profile and
dimension of stream channel is restored and stable. The entire stream footprint
must be included in this effort, from its on-site origin or to the most upstream location
where it cross into the subject property boundary.
5. Riparian Zone (stream side) restoration, Unnamed tributary B and C. Within 120
days of the date of this Certification, the 25-foot riparian zone for stream reaches
known as Tributary B and C, must be stabilized. The entire stream footprint must be
included in this effort, from its on-site origin or to the most upstream location where it
cross into the subject property boundary.
6. Maps. Within 120 days of the date of this Certification, a map must be provided
such that it depicts the location of 25-foot riparian buffer, stream footprint, road, road
crossings and cattle exclusion fencing. This map must depict the entire stream
footprint and respective buffer from its on-site origin or to the most upstream location
where it cross into the subject property boundary.
7. Plantings. Disturbed stream banks and a 30-foot vegetated zone must be restored
along the construction sites 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 must 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.

Silver Creek Violation Resolution
Page 4 of 6
May 2~, 2007
Replanting of vegetation within disturbed areas located within 30 feet of the stream
bank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistent with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.) All
woody plantings shall be established by January 1, 2008, and be monitored for five
(5) years beginning on the one year anniversary of completion of planting. Survival
shall comply with the attached Guidelines for Riparian Buffer Restoration criteria
and annual reports must be submitted to the Asheville Regional Office of the
Division of Water Quality documenting the success of the plantings. Cattle fencing
shall be placed around these buffered areas a sufficient distance back as to protect
the minimum 30 foot buffer on Silver Creek and unnamed tributaries A, B and C.
8. Post-Restoration Monitoring. To ensure that stability is achieved and riparian zone
planting are surviving, a minimum of 5 years of monitoring must be implemented at a
frequency of no less than once every four (4) months. Stream and riparian
Monitoring is to commence once restoration is completed. Annually, a written
account of each respective monitoring results ,must be mailed to Asheville Regional
office of the Division of Water Quality, by June 1 of each year.
9. Monitoring-Triggered Repairs or Corrections. In addition to any Division of Land
Resource erosion and sedimentation control compliance requirements and
NCG010000 construction stormwater permit conditions requirements, if monitoring
efforts confirm or notification is provided by DWQ of the degradation of the stream,
unstable, eroding or rilled areas, or dead plantings, repairs or corrections must be
undertaken immediately (within 20 days of the observation or notification by DWQ).
10. 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
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.

Silver Creek Violation Resolution
Page 5 of 6
May 25, 2007
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.
11. 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.
12. 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.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal anal/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 CAMA
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 1508 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Silver Creek Violation Resolution
Page 6 of 6
May 25, 2007
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 Mr. Kevin Barnett in
the DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
~.s~t Alan W. Klimek, P.E., Director
U Division of Water Quality
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
Danny Smith, Wetlands and Stormwater Unit
Laura Herbert, DLR Asheville Regional Office
Ron Linville, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1152.Ver02. SilverCreekRestoration.Approval