20170036 Ver 1_Approval Letter_20170201

N P
Water Resources
Gnviroamaalal Quality
February 2, 2017
Phillip Farnsworth
85 Village Walk
Highlands, NC 28741
ROY COOPER
Governor
MICHAEL S. REGAN
S""I[ '
S. JAY ZIMMERMAN
Dawaor
DWR # 17-0036
Macon County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Farnsworth Streambank Restoration
Dear Mr. Farnsworth:
You have our approval for the impacts listed below for the purpose described in your application
dated December 10, 2016, and received by the Division of Water Resources (Division) on
December 30, 2016, with additional information received on January 31, 2017. These impacts
are covered by the attached Water Quality General Certification Number 3885 and the additional
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations:
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts me hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 0211.0506(b) and/or (c)]
Type of Impact
Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream Impact
Impact Sl
50 (linear feet
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
slate of Nnnh Ctu llna l Lnvimnmental QnnIa, l Voce, Resources
2090U.S. High.,70,S,.nv oq North Carolina28078
828-296-4500

Farnsworth Streambank Restoration
DWRN 17-0036
401 Approval
Page 2 of 4
and you may be required to submit a new application package with the appropriate fee.
If the property is sold, the new owner must be given a copy of this approval letter and
General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated January 30, 2017
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
4. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
5. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H.0506 (b)(3) and (c)(3) and 15A NCAC 02B.0211(12)]
6. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21 A]
7.. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
8. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
9. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)].
10. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the

Farnsworth St ... bank Restoration
DWR# 17-0036
401 Approval
Page 3 of 4
construction and maintenance of this project. [ 15A NCAC 02H .0507 (c) and 15A
NCAC 02H.0506 (b)(2) and (c)(2)}
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell&ncdem•.gov if you have any questions or concerns.

Famsworth Streambank Restoration
DWR# 17-0036
401 Approval
Page 4 of 4
Sincerely,
J—
anPrice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated January 30, 2017
cc: Matt Mason— Tate Landscaping Services, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
0:\WR\WQ\Macon\40ls\Non-DOT\Femsworth RVL.401 Famsworth 02.02.2017.docx

Water Quality Certiticatlon No, 3885
GENERAL CERTIFICATIONPOR 8T
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The:&fate of North Carolina certifies that the epebitied galsggflfcf activity Will "of Vielate
Applicable portion$ Of Section% aOl,302, 303, 366 and 367 of the Public LaWs+02-608 and
66.217 If conducted In accordance with the conditions hsrginaftetset forth.
In accordance with North Carolina General Statute 183-216 3D(e),wri@en approval for a 401
WaterQuality General Codification must include the appropriate fee. If a project also reguiresa
GAMA.Permit, then one paymehf-to both agencies shell besubmitleif and MIT be the higher of the
itwo fees. .
Water Quality Certification No. 3886
I

Water Qualfty CortificaWri Flo, MS
Activities inciuded'In this General Cortifleatloo that do notmaet one of the thresholds
hated Above do nat,roqufret written appraval from the 'Division as4ong ae theyoomply With:
the conditions of Certification Ilsted hatow, If any of these dondittons cannot be meL than.
written approval from the Division: is required:: '
Conditions of 0401oatlow - -
1 Aollvldas the meet the definition's, design, anticmonitoring protocols speciftedwithin the US
Army Carps of Engineers Wymingtonpisirlot flagOlstoi Gaidedce Letter (RDL02-D21anti
If e, Sfr4am Mitlgaflbn OVICraflnos (April 2003) orany ad secipedtupdates to those
documents;
2, Normpscts 80 and those Author-izad In fha Written Approval or BeyondtheTfrteahold ofUsa
of this Corlificalion
$. Standard Etosich and' 0`edlfneatttanirof PrAqupas
Erosion and setlimentcontrof practices, must ba -in lull epmpiiphoe with all spaoiiieatlons
governing the proper design, installation and operation and Malntsnance of iti+pti $sit
MonagemenrPrearces and if Applicable, comply with the spoPiRb eoudi and'
requlrements,gfthaNPDssbbnetructlon Stormwaisr, P, hmitissued to tits, site!
A. Design, Marallatmn opapGoti,and matntenanoe ofths sedlmanfand erosion contra
b. For, bottowp(taiias, the erosion and aedlmeatcontrol maasurasm0thedeatgned
Instatled, operated and maINAined in accorrdanoa with the most recent vorsioncf the
Noah Carbimp Sudaos Mining Manual
o. Radamationmaasuresalldimplementation ,meet comply Othrho reclamation in
accordance With the requirements of the sedimentation Pollution Control Ad end the
Mining Act of 1971,
d, %ifficlent materials required for 610011[Yatlonand/or repairer erosion control measures
and,ah}rmwataf routing and treatment shall' be on sitaat all tlmee
e. Ihtha proJaotdcourain waterlxprWatarsnedeclassgled as Prima Nursery Areas(PNAs),
SA, Ins'-I',WS-n, Nigh Quality {HOW), to outstanding fdesoliro61QRWi, Waters, then the
sedimentation And erosion cmntfpf designs most comply with the requirement set forth
In 15A NCAC 04610124, Design Standeirds in sensitive WortOrshods,
Witter Quality Qertifioation No, 3885 2
W_
i

Water Quality Certifiication INo:3885
d, No Sediment and Erosion Control Measures in Wetlands or Waters
6..-Conslruchon StormWater Permit NQP01OUGO
An NPOES Construction StorhAvater Permit is required for construction Projects that disturb
one (f) or more acres of land. This pefmit allows stermwater to be discharged during land
disturbing construction activities as arpufaEed In the conditions of the permit. If your project
Is covered by this permit full compllaooe with Permit condribris including the erosion &-
sedimentation control plan, Inepeotlons and ma rihmOnce, 01Prnonitoring, record keeping
and reporting requirt:mems is required, R copy Of the general permif (1,10 10000),
Inspection log sheets and otheriWrmation may beYound at
.j�NulloorYal nedanroro(weblwdNVa�uGr `se wMtsbti+.
The North Carolina Department of Trensporbition (NCDCT),shall be required to In full
compliance withthe con ddlons+related to constriction antiuitlesWithin the most recent version
offtr individual NPDES(NCI50tag26t) stormwatat permit. _
6. Construction Moratoriums and Coordination
If activities trust doeur during periods of high htaiogloalactivity ;(',a. sea turtle nesting fish
spawning orbird ne§hng), then biological monl(Ning may be required at the request of other
state 0 fedaral agemcaii and coordinated With these activities.
Work withirtthe twenty -rive (25) designated trout counties or identified state br federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC',
LISFWS, NMFS, andlor DMF Personnel.
7. WdorgmthePry -
All work in pradj'acent to stream waters shall be bonduetedso`that the flowing stream does
not come In epnlactwith the disturbed area. Approved best management practices from the
most currant version of the NC Sediment and Erosion Cooke) Manual, or the NC DCT
Constrwetlon and Maintenance Activities manual, such as sandbags rook berltts, ooffardams,
.and other diversion structures shall be used to miniml¢e 6KCaVation In fiowingwater,.
CMoeptions to thisconditionrequire application submittal to and written approval by the
Division
WaterCmalfty Certification No, 3885 - 3

Water Quality Certification No. 3885
ft Riparian Area' Protection (Buffer) Rules
Activities located In the protected ripparian areas (whetherjurisdictional wetlands or not);
Within the Neuse, Tar-panl0oo. or0atowba River Retire orm llhe Randleman, Jordan, Of
codas Creek tNaterahed r (or any other basin or*iatershed with;buffer rules). shall be limited.
3o"uses'IdeNrflad.wlthln and constructed in aociaid. owl0ldANCACOae-.02&3,.0250,
0243_0150. .0257 and 060'5, and shall be Joaeterldeslgned,constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent ptaeticable
through the use of best management practices All buffer rulerrequiraments, including diffuse
flow requirements, must be mat.
g If concrete Is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrets and waters of the state, Water
that inadvertently uchtaots uncured conproto shalt not be discharged to waters of the state
due to the potantelffor elevated Off and possible eguatlo lite/ flshvRUls.
10. All temporary Olt and culverts shall be removed and the Impaoted area returned to natural.
conditions within 60 dsya of the determination that the temporary Impact Is no longer
neasaN
neThe IiapaCtad areas shag be restored to original grade, including each stream's
original cross sectianai dimensions plan corm pattern, andldngitudhief bed and bed profile,
and the various sUs shall be stabilized with nafueal woody Uagatetion (exc9pffor the
approved maintenance areas) and restored to prevent erosion,
17 Alt temporary pipes/ culverts/ dprap pads atc shalt be, installed in all streams as outlined in
themost recent edition ON the North Carbllna Sedimeteff and erosion Control planning and
Design Manual or the /North Caroliha Surface Micing Merulal soas not to�restrict stream ffew
or cause dis-equfllbrlum during use of this General Certification;
42. Any riprap required fpr proper culvert placement, Stream atablliXatlpn, or restoratiOn Of
13. Any rip -rap used 'for stream stabilization shall be of A size add density so as not tobe able to
beoarried off by Wave, cument.actlon, or stream flows and whslat of clean rocker masonry
materlltfeeof, debris or toxic pollutants Rip -rap shall flat be insfallad in me streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measure%.
14 A one-time application of fertilizer to re-establish uegetetlon fa.affgwed in disturbed areas
including dparhm by fers, but is restricted to no Closer then 10 feet_hom top of banKof
streams. Any fertilizer application- must comply with aQ other Federal, Stats and Local.
regulations.
15 Applications for riprap groins proposed in accordance with 15A NCAC 07H,1401.fNC
6ivision of Coastal Management Permit for construction di Wopsien and F Iprap
Groins in Estuarine and Public Trust Waters) must meet all the specific condit for d iSlim
and -construction specified in 15A NCAC 07H 1405.
Water Quality Certification No. $585
E

Water quality Certification No, 3885
16. Compensatory Mitigation
In accordance with 1 BA NOAS 02H .0506 (11), compensatory mitigation may be required for
.losses of equal to or greater than 160 linear fast of streams (intermittent and parennial)
and/or equal to or greater than one (1) acre of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 linear feet par stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as"Allowable with Mitigation or "Prohibited" within the
Table of uses
Ar determination of buffer wetland and stream mitigation requirements shall be made for ani
mitigation plans shall he submitted to the DNiskri for written approval as required In those
protocols. The mitigation plan must be implemenfad andfor constructed before any impacts
occur on site, Alternatively, the Division will aodept payment into lin in -lieu fee program or a.
mitigation bank. In these cases, pmofpf paypieh shall be provided to the Division before
any impacts occur on site.
17, If an environmental document is, required under the National of Sita Environmental Policy
-
Act (NEPA or SEPA), then this -General Certification is not veld uhgfa Rhd,Ing of No
Sig mileant impact(PONSI) orftecord of Decision (ROD) IS Issued by the State
clawmabosss.. IS. Inthe twenty (2O) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine. if coastal Starmwater Regulations i will be requires..
M This Qeneral Certification does not relieve theapplicantof the,resporrabllityto obtain all other
required IaderaL State, or Local approval&
21. When written authorization is required for use of this serif !cation, upon completion of all
permitted Impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the dartiflosta of completion attached to the approval..
Ona copy of the dertlficate shalt besent to the DWQ Central office in Raleigh at 4660 Mail
Service Center, Raleigh, NG, 276991660.
22. Additional site-specifio conditions,including monitoring end/or modelingrequirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with all applicable water quality and effluent
standards.
23. This certification grants permission to the director, an authorizedrepresentative cof the
:Director, or DENR staff, upon the presentation of; propercredentiais to enter the property
during normal business hours..
Water Quality Certification Na. 3885 5

Water Quality Certification No. 3885
This General Certification shall expire on the someday as the, expiration date of the
corresponding Nationwide and/or Regional General PermitThe conditions In affect Mtge date
of issuance of Certification fore specific project $hall remain In effect for the life of the project,
regardless of the expiration date of this Certification.
Non-complmnce wftti or violation of the coriditiom herein set forth by a specific project may result
In revocation of this General Certification for the project and may also result lh criminal andfor,ew
penalties,.
The Director of the North Carolina, Division of Water Qwsiitf may require submission of a formal
application for lndivldual Cerliffoaftonfor arty project In tbls category of activity if itis determined:
that the project N likely to have a significant adverseeffeot upon Water quality, Including stale or
federally listed endangered or threatened aquatic space9 Ordegrade the waters so that existlny
uaesbf the wetland or*wnthdarn waters are precluded
Public hearings may be field for specific applications or group of applications prlorto a
Certification decision if deemed in the public's best Interest try the director of the North Carolina
Division ofGWater Quality.
5flactivedate March tg, 2M
DIVISION OF WATPR QUALITY.
By n
Mh
Oharles:Waklld, P.E. -
Director _
History Nate, Weter G1rtalrty Cerhh`ealrgn (WQC)+`>umbar 3e86 issue00
Mrch 19, 2072 reptaaes
hVQCi!&rm4er 58,88�issued Novem4ae 1, 2gdi; WqC Numdsn 38lss4
ed MarolL 2407, lNOC.
Num bar24161ssyedpec0 4er3'7,.peas; and WqC=�Number339glssuedMaroh2603.This
General Catdfleatfonis resctndad'wtl0l+ the Qo 'of enigmas' raauthorizes any of the
oorraspemdln Nationwide andf it Regiors, General,-Perm(I,and/or when deemeH$ppropnata by
the Diraptcr odt the Division. of Water quality
Water Quality Certification No: 381l
M
s

Kro
Water -Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Project Name:
PAT MCCRORY
bovemor
DONALD R. VAN DER VAART
S—a.,
S. SAY ZIMMERMAN
DO-.,
County:
Date of Issuance of 401 Water Quality Certification:
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 term this certificate to the 401 and
Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approvedplans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
> within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
!f this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e'
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Pemutee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration
Date
aleleofNmW Cnmlhs I Em...l Quality] Wea Res —.
1611 Mail aami Cantu I Raleigh, North Cnmlw 176991611
9197079000

Mitchell, Robert K
From:
Matt Mason <mmasonl30l@gmai[.com>
Sent:
Tuesday, January 31, 2017 10:40 AM
To:
Mitchell, Robert K
Subject:
Fwd: Farnsworth Streambank Restoration - NCWRC comments
---------- Forwarded message ----------
From: Leslie, Andrea J<arrdrea.leslie(a_ncwildlife.ore>
Date: Mon, Jan 30, 2017 at 9:05 AM
Subject: Farnsworth Streambank Restoration - NCWRC comments
To: "Brown, David W SAW" <David. W.Bro�annv.mil>
Ce: "Price, Zan (George)" <Zan.Price(cr�.nedenr.g_ov>, Matt Mason <mmason1301kj mail.eom>
Hi David,
I have reviewed the information sent to me about the Farnsworth Streambank Restoration project,
which proposes to stabilize a 50 -ft section of Mill Creek withrock in Macon County.
Project activities should not impact trout resources and do not need to be avoided during a trout
moratorium.
We recommend that the landowners plant a buffer of native riparian shrubs and trees to better ensure
project stability and improve habitat for both aquatic and terrestrial wildlife resources.
Thank you for the opportunity to review and comment on this project. Please contact me if you have
any questions about these comments or need further assistance.
Andrea

Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
828-558-6011; 828-400-4223(cell)
www.ncwildlife.ore
t
ill y � 1 C5
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Emoil <.,.,poud,cce le and tomo this sender is ti,.b e,t o the N.C. Public Records Law mid mey be dischued to Hurd parties.
Thanks!
Matt Mason