20080860 Ver 1_Staff Comments_20080701

08-0860 - Elk River
Subject: 08-0860 - Elk River
From: Kevin Barnett <[e-mail]>
Date: Tue, 01 Jul 2008 08:49:46 -0400
To: Ian McMillan <[e-mail]>
Ian
Attached, please find draft of 401
Please review and issue.
Best regards,
Kevin
"The time is always right to do what is right"
Martin Luther King, Jr.
Kevin Barnett - Kevin.Barnett<?ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Kevin Barnett <Kevin.Barnett(a),ncmai1.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
08-0860.ElkRiverClub.RiverRestoration. approval. doe
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1 of 1 7/2/2008 9:34 AM
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 2, 2008
Elk River Club
Roger Omlie
1000 Clubhouse Drive
Banner Elk, NC 28604
Subject Property: Elk River Stabilization Project
Ut to Elk River [040201, 8-22-(1), C]
DWQ Project # 08-0860
Avery County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Omlie:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 2,394 linear feet of streams for the purpose of stabilization
at the subject property, as described within your application received by the N.C. Division of
Water Quality (DWQ) on May 21, 2008. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689). The
Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US Army Corps
of Engineers (USACE). 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.
This approval is for the work that you described in your application. As the work has already
been performed, as build drawings must be submitted within 30 calendar days. (The as-
built drawings shall be compared to the initial design for compliance with construction
standards.) 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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N e hCarolina
Noatara!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Elk River Club
Page 2 of 5
July 2, 2008
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:
Amount Approved
(Units) Plan Location or Reference
Stream 1,990 (linear feet) Elk River
Stream 180 linear feet) Trib 1
Stream 95 (linear feet) Trib 2
Stream 129 (linear feet) Trib 3
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 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
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.
Elk River Club
Page 3 of 5
July 2, 2008
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 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Sediment and erosion control measures must be implemented prior to construction and
maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary
cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur
on all bare soil within five (5) days of ground disturbing activities to provide long-term
erosion control. The projects should be accomplished in stages instead of leaving large tracts
exposed to further storm events. Erosion control matting should be used in conjunction with
appropriate seeding on disturbed soils in steep slope and riparian areas, unless authorized
under Division of Land Resources Erosion and Sediment Control approval. Matting should
be secured in place with staples, stakes, or, wherever possible, live stakes of native trees.
Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed mix with
a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be placed in
the stream channel in a manner that constricts stream flow or that will impede aquatic life
movements during low flow conditions. Filter cloth should be placed behind large rock that
is used for bank stabilization. Properly designed rock vanes should be constructed wherever
appropriate on bank stabilization and channel realignment stream reaches to improve channel
stability and to improve aquatic habitat. Root wads should be installed low enough in the
bank so that a significant portion (at least one-third) the root wad is inundated during normal
flows.
9. The channel must be restored to a more stable condition. However, under no circumstances
should river rock, sand or other materials be dredged from the stream channel under
authorization of this permit except, if necessary, in the immediate vicinity of the eroding
banks for the explicit purpose of anchoring stabilizing or flow/grade control structures or for
reestablishing the natural and more stable stream channel dimensions. Stream bed materials
are unstable in flowing-water situations and are unsuitable for bank stabilization. Stream
dredging has catastrophic effects on aquatic life and disturbance of the natural form of the
stream channel can cause downstream erosion problems. The natural dimension, pattern, and
profile of the stream upstream and downstream of the permitted area should not be modified
by widening the stream channel or changing its depth.
10. Stabilization measures should only be applied on or near existing erosion sites, leaving other
stable stream bank areas in a natural condition. Grading and backfilling should be minimized
and tree and shrub growth should be retained where possible to ensure long term availability
of stream bank cover for aquatic life and wildlife. Backfill materials should be obtained from
upland sites except in cases where excess stream bed materials are available. Berms are not
Elk River Club
Page 4 of 5
July 2, 2008
permitted because they block the floodplain, constrict and accelerate flood flows, and often
fail or impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area where possible. Sandbags
or other clean diversion structures should be used where possible to minimize excavation in
flowing water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. 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.
13. As long-term stream stability is a concern with this type of work, woody vegetation shall be
established along stream banks where possible. Any riparian vegetation planting should be
performed in accordance with the Guidelines for Riparian Buffer Restoration:
http://h2o.enr.state.nc.us/M/pdf/buffers.pd
f
14. Monitoring
The Permittee shall examine the stabilization work done under this Certification on an
annual basis for three (3) years following the completion of the restoration efforts. This
field evaluation should note the condition and stability of the measures installed and how
well the repair is holding up. A written report must be provided to DWQ's Asheville
Regional Office by June 1St of each year. The report must describe inspection results,
include digital photographs, list the date of inspection, and describe any needed repairs or
corrections.
15. The permittee will provide on-site supervision of stability work including, but not limited to
bank re-sloping, in-stream structure placement, and riparian zone re-establishment, by an
appropriately trained individual.
16. If pasture along the stream is to be used for grazing, the permittee must inform the
appropriate landowners that cattle should be prohibited from damaging riparian areas and
from de-stabilizing the stream banks and channel.
17. Water Quality Certification Notifications
The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be performed.
18. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
Elk River Club
Page 5 of 5
July 2, 2008
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 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 150B 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.
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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-
4500.
Sincerely,
Coleen H. Sullins
CHS/khb
Enclosures: GC 3689
Certificate of Completion
cc: Derek Goddard, Blue Ridge Environmental Consultants, Inc, 162 Helen Court, Boone, NC 28607
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 08-0860. ElkRiverClub.RiverRestoration.approval