20091075 Ver 1_Approval Letter_20091203

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Dee Freeman
Secretary
December 3, 2009
Wayne Parker
1498 Parker Padgett Road
Old Fort, North Carolina 28762
Subject: 401 Water Quality Certification - Approval
Wayne Parker Farm
DWQ Project # 20091075
McDowell County
CT1330 / Brevard Creek / 11-11 / Class C
Dear Mr. Parker:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application associated
with the subject project listed above.
Approval has been granted to place fill within or otherwise impact approximately 2,100 feet of streams for the purpose of
stream restoration at the subject 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 3689. This Certification allows you to use
Nationwide Permit 27 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 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) Erosion and Sediment Control 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.
Additional Conditions
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:
Amount Approved
(Units) Plan Location or Reference
Stream - 2,100 (linear feet) Brevard Creek
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Vv atmally
Wayne Parker
December 3, 2009
Page 2 of 3
2. 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. 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.
3. 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.
4. The channel should 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. In 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.
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 should
not be permitted because they block the floodplain, constrict and accelerate flood flows, and often fail and sometimes
impede drainage during large flood events.
6. Repairs to eroded banks should be conducted in a dry work area where possible. Based upon the submitted
additional information, and the limited stream access area, it is understood that some work will have to occur
in the "wet". 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.
7. 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.
8. Disturbed stream banks and a 30-foot vegetated zone, or the widest width that is practical under the site conditions,
should be restored where possible 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 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.
Wayne Parker
December 3, 2009
Page 3 of 3
9. Turbidity Standard
The turbidity standard of 50 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.
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.
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 828-296-4657.
Sincerely,
?t
Coleen H. Sullins, Director
CHS/khb
Eric: GC3689
Certificate of Completion
cc: Jake Stokes, USDA-NRCS
589 Raccoon Road, Suite 246, Waynesville, North Carolina 28786
Liz Hair, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
401 Permitting Unit -Central Office
File Copy
G:\WPDATA\DEMWQ\Mcdowell\401 s\09-1074. WayneParkerFarm.Approval.doc