20081287 Ver 2_Approval Letter_20090306

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NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
March 6, 2009
Glen Frank
Wilderness Creek Falls
20019 Highway 64 West
Murphy, North Carolina 28906

Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
Subject: 401 Water Quality Certification - Approval Modification
Wilderness Creek Falls
DWQ Project # 08-1287 Version 2
Cherokee County
HIW02 1-93-1 GO1SE5 Class C
HIW02 1-92 GOISE8 Class C
Dear Mr. Frank:
The DWQ has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above. This approval is modified as per your
consultants request, dated March 4, 2009.
Dee Freeman
Secretary
Approval has been granted to place G11 within 300 linear feet of streams, 0.0772 acres of
wetlands and the restoration of 1,356 linear feet of streams for the purpose of residential
development along your property. This approval requires you to follow the conditions listed
in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This
Certification allows you to use Regional General Permit 29 when issued by the US Army Corps
of Engineers (USACE). 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 corresponding USACE General Permit Verification. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you proceed with your project including (but not limited to) Stormwater, Erosion and
Sediment Control and Trout Buffer regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and may be required to submit a new application.
Impacts Approved
Location 2090 U S Highway 70, Swannanoa, Norlh Carolina 28778
Phone [phone] FAX [phone] Cusomer Service 1-877-623-6748
Internet www ncwaterquality.org
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Glen Frank
March 6, 2009
Page 2 of 5
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Amount Approved (Units) Plan Location or Reference
Streams 20 (linear feet) Plan Impact # 3
Streams 10 (linear feet) Plan Impact # 4
Streams 30 (linear feet) Plan Impact # 5
Streams 30 (linear feet) Plan Impact # 6
Streams 10 (linear feet) Plan Impact # 7
Streams 25 (linear feet) Plan Impact # 8
Streams 30 (linear feet) Plan Impact # 9
Streams 30 (linear feet_)
_ Plan Impact # 10 _
_
Streams _
15 (linear feet) Plan Impact 4 14
Streams 35 (linear feet) Plan Impact # 15
Streams 20 (linear feet) Plan Impact # 16
Streams 10 (linear feet) Plan Impact # 17
Streams 5 (linear feet) Plan Impact # 27
Streams 20 (linear feet) Plan Impact # 28
Streams 10 (linear feet) Plan Impact # 30
Wetlands 0.0022 (Acres) Plan Impact #18
Wetlands 0.006 (Acres) Plan Impact # 19
Wetlands 0.069 (Acres) Plan Impact # 26
The following culvert replacements are hereby approved as long as all of the other specific and
general conditions of this Certification are met. No other impacts are approved including
incidental impacts:
Plan Location or Reference
Streams Plan Impact # 13
Streams Plan Impact # 20
Streams Plan Impact # 21
Glen Prank
March 6. 2009
Page 3 of 5
Mitigation
The following mitigation is hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Amount mitigation (Units) Plan Location or Reference
Streams 30 (linear feet) Plan Impact # 1
Streams 308 (linear feet) Plan Impact # 2
Streams 40 (linear feet) Plan Impact # 11
Streams 50 (linear Feet) Plan Impact # 12
Streams 258 (linear Feet) Plan Impact # 23
Streams 300 (linear Feet) Plan Impact # 24
Streams 120 (linear Feet) Plan Impact # 25
Streams 20 (linear Feet) Plan Impact # 29
1. Impervious Surface Thresholds
You have indicated an impervious surface area of less than 20% in the PCN Application
dated October 27, 2008 and approved by this written 401 Water Quality Certification.
You are reminded that if a compliance inspection determines that you have triggered
Condition No. 12 in GC No. 3705, you will be required to develop, submit for DWQ
approval, and implement Stormwater Management Plans. The stormwater management
plan must include construction plans, specifications, stormwater BMP worksheets, and
supporting calculations. The stormwater best management practices are required to be
appropriate for the surface water classification and designed to remove at least 85% TSS
according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual.
2. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213..0200. Appropriate sediment and erosion
----- control practices must be used to meet this standard.
4. The water release structure for the impoundment to remain in place must be designed for
mid-column release during normal flows and during low flow conditions it must also
provide for low flow release to the downstream channel.
Performance Thresholds:
Within 30 days of issuance of this Certification, dewatering of the two impoundments
slated for stream restoration shall be accomplished from the surface via a skimmer or
pump down. The discharge of either drawdown procedure shall not destabilize the
downstream stream segment, and shall be discharged at non-erosive velocities. All
drawdown shall be completed within 60 days of issuance of this Certification.
Glen Frank
March 6, 2009
Page 4 of 5
2. Within 75 days of issuance of this Certification, both impoundments slated for removal
will be breached and all spoils carried off to high ground with appropriate measures to
control erosion.
Within 80 days of issuance of this Certification, stream restoration shall begin. Within
100 days of issuance of this Certification, stream restoration shall be complete, and buffer
replanting shall begin. Necessary steps such as regular watering and fertilization shall be
performed on all planted material. Plantings shall be in accordance with the Guidelines
for Riparian Buffer Restoration (attached).
4. On, or before, June 15, 2009, you shall submit as-built surveys of all restoration reaches
(including the reclaimed mine area); including, photo documentation and survey
reference points. Annually, for a period of five (5) years, these reference points shall be
resurveyed and photographed, and a report submitted by August 1 of each consecutive
year, documenting the status and stability of the restored reaches of stream, and include a
narrative description of any necessary maintenance work required.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties.
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.
Glen Frank
March 6, 2009
Page 5 of 5
This letter completes the review of your application by the Division of Water Quality under
Section 401 of the Clean Water Act. If you have any questions, please contact Kevin Barnett in
the Asheville Regional Office at 828-296-4500.
Sincerely,
Rzti1
t,?1Lvt Coleen H. Sullins, Director
j? CHS/khb
Enc: GC 3705 (previously provided)
cc: Jennifer Robertson, Wetland and Natural Resource Consultants, Inc.
USACE Asheville Regulatory Field Office
Wildlife Resources Commission - David McHenry
401 Permitting Unit - Central Office
File Copy
G:AWPDATAADFMWQACherokee\401s\WiIdernessCreekFalls\08-1287.Ver2_ApprovalModitication.doe