20081199 Ver 2_USACE Correspondence_20100524

v8- n 9 9 U2-
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF: May 20, 2010
Regulatory Division
Action ID. SAW-2008-0858
Ms. Sally Daley
Girl Scouts Hornets' Nest Council
7007 Idlewild Road
Charlotte, North Carolina 28212
Dear Ms. Daley:
QI
MAY 2 4 2010
MW . VKER W&1TY
WETIMNANDSYMNATUNWU
In accordance with your written request of August 5, 2008, and the ensuing administrative
record, enclosed are two copies of a permit to discharge fill into approximately 438 linear feet of
stream channel and 0.01 acre of wetland which will subsequently flood 4,823 linear feet of
stream channel in order to construct a dam for a 23-acre impoundment to service the Girl Scout
Environmental Leadership Program Center, located on the south side of Fairmont Road, north of
Statesville, Iredell County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.l(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the former category, you are
requested to remit your check for $10, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains an initial proffered permit for the above described activity. If
you object to this decision or the enclosed special conditions you may request that the District
Commander reconsider his decision. Enclosed you will find a Notification of Appeal Process
2
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you
must submit a completed RFA form to the District Commander, Wilmington District Corps of
Engineers at the following address:
Col. Jefferson M. Ryscavage, District Commander
US Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
In order fdr• are RFA to be accepted by the Corps, the Corps must determine that it is
complete; that it indets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by July 19, 2010.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have questions or
comments, please contact Ms. Amanda Jones, Asheville Regulatory Field Office, at (828) 271-
7980 extension 231.
Sincerely,
Scott Jone , S
Office Chief
Asheville Regulatory Field Office
Enclosures
Copy Furnished w/ enclosures:
Mr. Michael Brame
ECS Carolinas, LLP
4811 Koger Boulevard
Greensboro, North Carolina 27407
Mr. Ian McMillan
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Applicant: File Number: Date:
Girl Scouts Hornets' Nest Council SAW-2008-0858 May 20, 2010
At tached is: See Section below
X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SEC IO T -'I'h o11t ing id6ntifies your rights and optionskregarding an;administra?ye Opeal of the above :
.
`'de tort tld io al In Dana on'inay be found at http://www.usace.army:iniUinetlfunctionslcwlcecwolreg;or ,
C o s re ' attoilsat 3 CFk Part 3
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Commander for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the District Commander. Your
objections must be received by the District Commander within 60 days of the date of this notice, or you will forfeit your right to
appeal the permit in the future. Upon receipt of your letter, the District Commander will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the
permit having determined that the permit should be issued as previously written. After evaluating your objections, the District
Commander will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the District Commander for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the Division Commander. This form must be received by the Division Commander within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the Division Commander. This form must be received by the Division
Commander within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the Division Commander.
This form must be received by the Division Commander within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by
contacting the Corps district for fiirther instruction. Also you may provide new information for further consideration by the Corps to
reevaluate the JD.
SECTION II' RE LIEST FOR' APPEAL 6i ,OBJECTIONS TO '"-INITIAtPROFFERED PERMIT '
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify
the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CO ACT FOR'; UESTIONS`+DR-INFORMATION. ..' '`
If you have questions regarding this decision and/or If you only have questions regarding the appeal process you
the appeal process you may contact: may also contact:
Amanda Jones Mr. Michael F. Bell, Administrative Appeal Review Officer
USACE CESAD-ET-CO-R
151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28801 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of
any site investigation, and will have the opportunity to artici ate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
Division Engineer:
Commander
US Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
DEPARTMENT OF THE ARMY PERMIT
Permittee Girl Scouts Hornets Nest Council
Permit No. SAW-2008-0858
Issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: to discharge fill into approximately 438 linear feet of stream channel and 0.01
acre of wetland which will subsequently flood 4,823 linear feet of stream channel in order to
construct a dam for a 23-acre impoundment to service the Girl Scout Environmental Leadership
Program Center.
Project Location: located on the south side of Fairmont Road, north of Statesville, Iredell County,
North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2015. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERmiTTEE) GIRL SCOUTS HORNETS NEST COUNCIL (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER) JEFFERSON M. RYSCAVAGE
(DATE)
COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
'U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
SPECIAL CONDITIONS
Action ID # 2008-0858
Work Limits
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land-clearing activities shall take place at any time in the construction
or maintenance of this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with this project.
3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-
clearing activities shall take place at any time in the construction or maintenance of this project, in
such a manner as to impair normal flows and circulation patterns within waters or wetlands or to
reduce the reach of waters or wetlands.
Related Laws
4. All mechanized equipment will be regularly inspected and maintained to prevent contamination
of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event
of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report
it to the N.C. Division of Water Quality at [phone], Ext. 526 or [phone] and
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
Project Maintenance
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be
generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
6. The permittee 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 permit. A copy of this permit, including all conditions, shall be available at the project site
during construction and maintenance of this project.
7. The permittee shall employ all sedimentation and erosion control measures necessary to prevent
an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This
shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate
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devices around all areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statutes Chapter I I3A Article 4).
8. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to
its pre-project condition.
Enforcement
9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of
the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.
Mitigation
10. In addition to the mitigation requirements listed below, you shall mitigate for unavoidable
impacts to 5,260 linear feet of stream channel associated with this project by payment to the North
Carolina Ecosystem Enhancement Program (NCEEP) in the amount necessary to perform restoration
to 438 linear feet of warm water stream in the Yadkin River Basin (Cataloging Unit 03040102).
Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment with certified check to the NCEEP, and the NCEEP has made written confirmation to
the District Engineer, that it agrees to accept responsibility for the mitigation work required, pursuant
to Paragraph IV.D. of the Memorandum of Understanding between the North Carolina Department
of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District,
dated November 4, 1998.
11. As part of the mitigation requirements, the permittee will mitigate for unavoidable impacts to
stream channels associated with this project by preserving a total of approximately 25,599 linear feet
of stream channel and 6.65 acres of wetland with a 300-foot riparian buffer on each side of the
stream channels (except on the Yadkin River) as depicted on the attached plans labeled
Buffer/Preservation Map. These areas will be preserved through the implementation of a restrictive
covenant as described below in conditions (12) and (13).
12. The Permittee shall submit to the Corps for approval, a restrictive covenant for the purpose of
maintaining proposed preservation areas in their natural state in perpetuity. Prohibited activities
within the mitigation property shall specifically include, but not be limited to: the construction or
placement of roads, walkways, buildings, signs, or structures of any kind (i.e., billboards, interior
fences, etc.); filling, grading, excavation, leveling, or any other earth moving activity other than those
associated with restoration/enhancement work or activity that may alter the drainage patterns on the
property; the cutting, mowing, destruction, removal, damage or other alteration of any vegetation;
disposal or storage of any debris, trash, garbage, or other waste material; except as may be authorized
by subsequent modifications which are approved by the Corps of Engineers.
-3-
13. The restrictive covenants and plat, as approved by the Corps of Engineers, shall be recorded in
the Register of Deeds for Iredell County prior to the sale or conveyance of any lots, phases, or other
property within the subdivision. The permittee shall also cause to be recorded a plat, showing the
subdivision plan for the property, the boundary of the preservation areas, and the boundary of
jurisdictional waters of the United States. The permittee shall enforce the terms of the restrictions set
forth in the deed, and, prior to conveyance of the property, shall take no action on the property
described in the deed inconsistent with the terms thereof.
14. The permittee and subsequent property owners shall take no action, whether on or off the
mitigation property, which will adversely impact the stream habitat on the preservation property.
15. Condition (13), above, runs with the land. The permittee shall not sell, lease, or otherwise convey
any interest in the mitigation property without subjecting the property to legally enforceable
restrictions on the use of the property, to ensure its preservation in perpetuity, approved in writing by
the Wilmington District Corps of Engineers.
16. The permittee will also mitigate for unavoidable impacts by conducting pre and post construction
monitoring of stream channels located upstream and downstream of the proposed dam to ensure the
maintenance of base flows, temperature, dissolved oxygen, and overall stream channel stability. The
in-stream monitoring shall be conducted according to the Monitoring Plan submitted by ECS
Carolinas, LLP dated April 19, 2010. One monitoring station will be established downstream of the
newly constructed dam and four stations upstream of the anticipated normal pool elevation. Data
from the monitoring stations shall be collected according to the sampling schedule outlined in the
Monitoring Plan to include monthly sampling/reporting on the downstream station during
construction and filling of the lake. This monitoring information should be submitted to both the
Corps Asheville Regulatory Field Office and USFWS Asheville Office.
17. This Department of the Army permit does not obviate the need to obtain other Federal, State, or
local authorizations required by law.
18. The permittee shall conduct a pre-construction meeting with a Corps of Engineers representative
and applicable contractors prior to any land disturbance activities.
?F?A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 17, 2009
(, rjn.n.
_I j,
Ms. Lori Hurd
c/o Girl Scouts Hornets Nest Council
7007 Idlewild Road
Charlotte, NC 28212
Re: Girl Scout Environmental Academy At Oak Springs, Mecklenburg County
DWQ #20081199, Vera 2; USACE Action ID. No. 200800858
Ut to Cedar Creek [030301; 28-29-(2), C, NSW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Hurd:
Attached hereto is a copy of Certification No. 3801 issued to Ms. Lori Hurd and the Girl Scouts
Hornets Nest Council, dated June 17, 2009. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water
Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc ly,
Teen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
Predictability Study Protocol for Sampling Reference Impoundments (NCDWQ,
March 12, 2008).
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
Alan Johnson, DWQ Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Michael T. Brame, ECS, LLP, 4811 Koger Boulevard, Greensboro, NC 27455
Filename: 081199Ver2Gi rlScoutsEnvironmentalAcad emyProposedLa ke(Iredell)401_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.uslncwetlandsl
NafthCarohna
,aturallty
An Equal Opportunity l Affirmative Action Employer
Ms. Lori Hurd and the Girl Scouts Hornets Nest Council
Page 2 of 6
June 17, 2009
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Ms. Lori Hurd and the Girl Scouts
Hornets Nest Council to fill or otherwise impact 0.0104 acres of 404/wetland, 3,993 linear feet of
perennial stream (323 linear feet perennial stream fill for dam, 115 linear feet of perennial stream
impact for the spillway, and 3,555 linear feet of perennial stream flooding), and 1,268 linear feet of
intermittent stream flooding, to construct the Girl Scout Environmental Leadership Center and
recreational lake at the referenced site. The site is located off Hay Meadow Lane and Fairmont
Road, north of Statesville, in Iredell County, North Carolina, pursuant to an application dated May
7, 2009 (received by the DWQ on May 8, 2009, and Public Notice issued by the U.S. Army Corps
of Engineers on September 30, 2008 (received by the DWQ on September 30, 2008).
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold; the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
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:
-Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 0.0104 (acres) Application materials and
USACE Public Notice
Stream - perennial 3,993 [(linear feet) 323 linear feet perennial stream Application materials and
fill for dam, 115 linear feet of perennial stream USACE Public Notice
impact for the spillway, and 3,555 linear feet of
perennial stream flooding]
Ms. Lori Hurd and the Girl Scouts Hornets Nest Council
Page 3 of 6
June 17, 2009
Stream - intermittent 1,268 (linear feet) - flooding Application materials and
USACE Public Notice
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401 Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2) months
of the date that the Division of Land Resources or locally delegated program has released the
proj ect;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that have been
approved to infringe within the buffer, wetland or water prior to any land disturbing activities
to ensure compliance with 15A NCAC 2B .0259;
Continuing Compliance:
6. Ms. Lori Hurd and the Girl Scouts Hornets Nest Council shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved
Ms. Lori Hurd and the Girl Scouts Hornets Nest Council
Page 4 of 6
June 17, 2009
use) or that State or federal law is being violated, or that further conditions are necessary to
assure compliance, the Division may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division
shall notify Ms. Lori Hurd and the Girl Scouts Hornets Nest Council and the US Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Ms. Lori Hurd and the Girl Scouts Hornets Nest Council in
writing, shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
Deed Notifications:
7. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the
401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies of all deed restrictions
applied to these lots;
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http: //h2o, enr. state. nc. us/su/Forms Documents. htm. ;
9. The minimum water release plan for the proposed dam must be approved in writing by this
Office before the approved impacts may occur. The plan must include a written explanation
of the specific discharge rate and mechanism to provide.for each required release. The plan
must also include any design specifications, details and calculations to show that the release
shall be achieved in the given conditions. The plan shall also include monitoring that ensures
compliance. The plan and any associated facilities, once approved, must be in place and
implemented upon the completion of the dam.
10. The impoundment discharge should be monitored to ensure thermal impacts to
waters will not exceed the temperature standard for piedmont streams. Unless
otherwise stipulated by the Division of Water Quality, discharge water temperatures
should be routinely monitored and compared to inflow water temperatures to ensure
Ms. Lori Hurd and the Girl Scouts Hornets Nest Council
Page 5 of 6
June 17, 2009
compliance.
11. The discharge should be aerated to enhance dissolved oxygen levels.
12. Littoral shelves and native vegetation should be provided along the shoreline for
stability, safety, shading and habitat.
13. The use of motorized equipment as well as fertilizers and other chemicals in the
lake and around the shoreline should be strictly controlled so as not to cause direct or
ancillary pollutant issues downstream.
14. An impoundment sampling schedule and methodology must be finalized before the proposed
impacts may occur. This Office recommends utilizing the attached guidance document
Predictability Study Protocol for Sampling Reference Impoundments (NCDWQ, March 12,
2008).
15. Final design details for the dam and impoundment shall be submitted to DWQ for approval
in writing before the proposed impacts may occur. The final plan shall include a discussion
of how water quality standards will be monitored and maintained within the impoundment.
The final plan shall also include the structural design drawings and details for the dam,
including the plan and profile views illustrating the height, toe, materials, spillway, as well as
the operation and maintenance plan.
Mitigation:
16. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement.
This has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have 60 days from the date of
this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Stream (perennial) 408 (linear feet) Yadkin/03040102
17. 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 Oversight/Express Review Permitting Unit,
Ms. Lori Hurd and the Girl Scouts Hornets Nest Council
Page 6 of 6
June 17, 2009
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.
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 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 17th day of June 20
DIVIS N OF WAT R ITY
leen H. Sullins
CHS/cbk/ijm
3801
0 \NArF9
'O? pG
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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Ms. Lori Hurd and the Girl Scouts Hornets Nest Council, have
permission as outlined below to fill or otherwise impact 0.0104 acres of 404/wetland, 3,993 linear feet of perennial
stream (323 linear feet perennial stream fill for dam, 115 linear feet of perennial stream impact for the spillway,
and 3,555 linear feet of perennial stream flooding), and 1,268 linear feet of intermittent stream flooding, to
construct the Girl Scout Environmental Leadership Center and recreational lake at the referenced site, which is
located off Hay Meadow Lane and Fairmont Road, north of Statesville, in Iredell County, North Carolina. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME: Girl Scouts Environmental Academy
DWQ PROJECT 20081199, Ver. 2
LOCATION: Near Statesville
COUNTY Iredell
BASIN/ SUB BASIN Yadkin/03040102
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts Mitigation
408 Linear Feet of Perennial Stream 408 Linear Feet of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 081199 Ver2GirlS eoutsEnvironmentalAcademyProposedLake(Iredell)401-IC-EEP
NorthCarolina
401 Oversight/Express Review Permitting Unit N19NI AY
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Predictability Study Protocol for
Sampling Reference Impoundments
Prepared by North Carolina Division of Water Quality,
Wetlands and Stormwater Branch
March 12, 2008
Background
NC has a regulatory Antidegradation Policy (15A NCAC 02B .0201) that states that it is
the "policy of the Environmental Management Commission to maintain, protect, and
enhance water quality within the State of North Carolina". Activities that may cause a
degradation of water quality should be avoided unless the applicant can show that denial
of the proposed project will inhibit "important social and economic development".
The NC Division of Water Quality receives requests to impound streams and rivers to
create amenity lakes, particularly in housing developments. These reservoirs do not serve
a great public need, such as serving as a water supply, and often do not provide
"important social and economic development" sufficient to over-ride the primary policy
of the state to maintain and protect water quality. Lakes are not naturally occurring in the
majority of the state and impoundments often result in a degradation of water quality,
mainly due to a high acceleration of the eutrophication process, so any impoundment
should come under additional scrutiny. Changing the character of a waterbody from a
lotic (flowing) to a lentic (impounded) system may result in:
• higher sensitivity to nutrient enrichment, with levels that may not cause issues in a
lentic system leading to overgrowths of algae and nuisance aquatic plants in a
lotic system;
• increased nuisance growths, which can degrade water quality as reflected in
dissolved oxygen concentrations, pH, water temperature, chlorophyll-a, and total
dissolved gases, and may result in the waterbody no longer meeting NC numerical
water quality standards (refer to 15A NCAC 2B .0200);
• degradation of water quality downstream of the impoundment (e.g., instream
dissolved oxygen and/or temperature can be increased or decreased to undesirable
levels, depending on the type of release; concentrations of ammonia and TKN
may be increased, particularly in the case of bottom releases);
• negative impacts on channel morphology of the downstream reach, including a
higher susceptibility to vertical downcutting and lateral (bank) erosion, resulting
in channel incision, streambank instability, and a long-term imbalance of the
sediment and flow regime;
• deleterious impacts on instream fauna downstream of the impoundment due to the
cumulative effects of all the above factors.
The rate of impoundment requests and the high potential for impoundments to degrade
water quality and to violate water quality standards has led to the need for additional
information from the applicant for use by DWQ staff in the permitting process.
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 1 of 5
Therefore, it is incumbent on the permit applicant to show that a proposed impoundment
project is unlikely to cause a degradation in water quality within the affected reach,
which includes not only the impounded section of stream but also upstream and
downstream of the proposed project. The guidelines outlined in this document are to be
used by applicants to collect appropriate water quality data to support their assertion that
the proposed project will not cause degradation of water quality.
Introduction
In order to show that the proposed project will not cause a degradation of water quality
within the affected reach, the applicant shall collect appropriate water quality data in a
minimum of two existing impoundments that are similar to the project being proposed.
These data will be assessed by DWQ to ensure that numerical water quality standards are
not being exceeded, and also to determine if a significant change in water quality exists
by comparing data from the upstream and downstream reaches.
The applicant shall use the following guidelines to develop a written study plan and
sampling schedule, which will be submitted to DWQ staff for approval at least 30 days in
advance of the proposed start of monitoring.
Site Selection
A minimum of two comparable impoundments will be selected by the applicant for
monitoring. It is unlikely that completely comparable impoundments will exist, and each
proposed project will likely have slightly different concerns; the following criteria are
shown in relative order of importance and shall be used to select the most comparable
sites. The applicant shall specify why the proposed sampling sites meet these criteria,
and if not, what impact(s) that may have on the interpretation of the resulting data, and
the relative importance of the impact(s).
The study sites shall be:
• Within the same 8-digit hydrologic unit (HUC) as defined by the USGS
(htti)://water.usgs. gov/GIS/hue.html
• Within the same Level IV ecoregion
(fti):Hftp.epa.gov/wed/ecore iog ns/nc sc/nc eco.pdf) preferred;
• Of a comparable design, particularly in terms of type of release (e.g., epilimnion
or hypolimnion)
• Land use similar to what is anticipated in the built-out area surrounding and
upstream of the proposed project (cumulative impacts from housing development,
etc. taken into account), and has a comparable vegetated (woody) buffer (if
present);
• Of comparable character in terms of size, primarily surface area, though mean
depth and volume should also be taken into consideration;
• The impounded stream will be of the same or similar stream order;
• Similar drainage area of the watershed;
• Have a similar retention time, if known.
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 2 of 5
At the applicant's discretion, additional data may
be collected from nearby (within the same Level
IV ecoregion) natural lakes (where available, see
below for list) to show that conditions within the
study impoundments are not significantly
different from those found under natural
conditions with minimal impacts.
Sampling schedule
A minimum total of ten sample sets should be
collected. Sampling and measurements should
occur during the "growing season", defined as the
period from May 1 through September 30. All
sampling and measurements should be performed
during daylight hours. Data may be collected:
Table 1: Natural lakes in NC
r,11 ;'a?lEXatnte„ _ °t Liver Basm
Alligator Lake Pas uotank
Bay Tree Lake Cape Fear
Catfish Lake White Oak
Ellis Lake Neuse
Great Lake White Oak
Jones Lake Cape Fear
Lake Mattamuskeet Tar-Pamlico
Lake Phelps Pas uotank
Lake Waccamaw Lumber
Pun go Lake Tar-Pamlico
Salters Lake Cape Fear
Singletary Lake Cape Fear
Swan Creek Lake Pas uotank
• every other week during the grovvtng
season within a single calendar year, or
• collected monthly during the growing season over two consecutive calendar
years.
Sampling stations
For each impoundment sampled, four to six specific sampling stations should be
identified as follows:
• one station on the stream located in a flowing (lotic) reach upstream of the
reference impoundment;
• two to four stations (depending on size and heterogeneity of the system under
study), evenly spaced across the centerline of the impoundment (i.e., bank to bank
transect) (lentic);
• one station on the project stream located in a flowing (lotic) reach downstream
(within 500 feet) of the reference impoundment.
Locations of all sampling stations should be georeferenced in the field using NAD83
datum.
Water Quality Indicators
The indicators to be measured include water temperature, dissolved oxygen saturation,
dissolved oxygen concentration, pH, specific conductance, Secchi depth transparency,
total suspended residue, turbidity, nutrients (total phosphorus, total Kjeldahl nitrogen,
ammonia [NH3], nitrate + nitrite [N02+NO31), chlorophyll-a(corrected for pheophytin),
and fecal coliform. Depth to bottom should also be recorded for the two to four lentic
stations (i.e., within the impoundment).
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 3 of 5
Sampling methods
All sampling, field measurements, and QA/QC procedures should conform to the
methods outlined in the DWQ Intensive Survey Unit GSU) Physical and Chemical
Monitoring Standard Operating Procedure (SOP), available online at
http://h2o.enr.state.nc.us/esb/isu.html. Two different sampling methods will be used,
depending on whether the station is lotic (upstream and downstream reaches) or lentic
(within the impoundment), as described below and summarized in Table 2:
• Lotic stations: Field measurements (temperature, DO, pH, specific conductance)
will be taken in situ at a depth of approximately 0. lm below the surface. Water
samples for nutrients, total suspended residue, turbidity, and fecal coliform are to
be taken as grab samples at a depth of approximately 0.1 m below the surface. All
measurements and samples should be taken in a flowing, well-mixed area of the
stream, generally at or near the thalweg.
• Lentic stations: Field measurements (temperature, DO, pH, specific conductance)
will be taken at each station just below the surface (depth of approximately 0.1 m),
and at 1 m intervals to the lake bottom. Secchi depth transparency should be taken
at each sampling location. Fecal coliform samples shall be collected as grab
samples at a depth of approximately 0.1 m below the surface. Samples for
nutrients, total suspended residue, chlorophyll a, and turbidity shall be takers as
spatial composites of the photic zone, defined as twice the Secchi depth. The
preferred method of composite sampling is to use a LabLine (see ISU SOP for
description) or similar type sampler that allows continuous sampling as it is
lowered and raised throughout the photic zone. Less desirable but acceptable is
the use of a Van Dorn or similar sampler to collect multiple grab samples at
regular intervals throughout the photic zone, and composite them before
distributing into sample bottles.
Table 2: Summary of water quality indicators to be measured. All depths are measured from the water
surface.
Parameter Upstream of
impoundment
(1 station Impoundment Cross section
(2-4 stations) Downstream of
impoundment
1 station
Field measurements Yes, 0.1 m only 0.1 in and every meter
to bottom Yes, 0.1 in only
Depth to bottom N/A Yes N/A
Secchi transparency N/A Yes N/A
Fecal coliform Grab Grab Grab
Total suspended
residue Grab Photic zone composite Grab
Turbidity Grab Photic zone composite Grab
Nutrients Grab Photic zone composite Grab
Chlorophyll a N/A Photic zone composite N/A
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 4 of 5
Analytical methods
All measurements and analyses shall be performed by a laboratory with a current North
Carolina Wastewater Laboratory Certification for the parameters of interest (including
field parameters). A list of certified laboratories is available at
http://h2o.enr.state.nc.us/lab/cert.htm. All sample handling, preservation, and analysis
should be performed using approved methods (see
http://h2o.enr.state.nc.us/lab/inorgparam.htm .
Reporting
The applicant should provide an interpretive report summarizing all results and findings
to DWQ 401 Oversight Unit for review. Results from all samples and measurements
should also be provided in electronic form, e.g., Excel spreadsheet or delimited text file.
DWQ will review for completeness, comparison of raw values to appropriate surface
water quality standards included in the NC Administrative Code (15A NCAC .0200, see
htti)://h2o.enr.state.ne.us/admin/rules/codes statutes.htm), and significant differences
between lotic sites.
Protocol for Sampling Reference Impoundments, March 12, 2008
Page 5 of 5
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