20110511 Ver 1_Approval Letter_20110823

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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
August 23, 2011
Mr. John Burton, Airport Director
Nantahala Outdoor Center, Inc.
13077 Highway 19 West
Bryson City, NC 28713
Re: Swain County Tourism Development Authority (SCTDA) Whitewater Training and Event Site,
Swain County
DWQ #20110511; USACE Action ID. No. 20 1 1-00907
Nantahala River [040402, 2-(56), B, Tr]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Burton:
Attached hereto is a copy of Certification No. 3867 issued to Mr. John Burton and Nantahala Outdoor
Center, Inc., dated August 23, 2011. 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.
CHS/kah/ym
Sincerely
6--Coleen H. Sullins
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District, USACOE
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Jennifer Robertson, Atlas Environmental, Inc., P.O. Box 882, Canton, NC 28716
Dee Freeman
Secretary
Filename: 11051 l SwainCoTourismDevAuthority(SCTDA) WhitewaterTrainingAndEventSite(Swain)401_IC
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone [phone] FAX: [phone]
Internet: http?//portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Mr. John Burton and Nantahala Outdoor Center, Inc.
Page 2 of 5
August 23, 2011
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 21-1, Section .0500 to Mr. John Burton and Nantahala Outdoor Center, Inc.,- to fill
or otherwise impact 177.74 cubic yards of permanent fill, 7.67 cubic yards of temporary fill, and 69.13
cubic yards of excavation of open water (river), to conduct maintenance and construction activities in
conjunction with development of the whitewater training and event facility at the site, which is located at
the Nantahala Outdoor Center (NOC) on the Nantahala River in Wesser, Swain County, North Carolina,
pursuant to an application dated May 9, 2011, and received by the DWQ on May 25, 2011, and Public
Notice issued by the USACE on May 26, 2011, and received by the DWQ on May 31, 2011, and additional
information received on June 29, 2011, and July 26, 2011.
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 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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
Open Water (river) 177.74 (cubic yards) - permanent Application and Public Notice
Open Water (river) 7.67 (cubic yards) - temporary A lication and Public Notice
Open Water (river) 69.13 (cubic yards) - excavation Application and 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:
Mr. John Burton and Nantahala Outdoor Center, Inc.
Page 3 of 5
August 23, 2011
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.
3. 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 project;
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;
Continuing Compliance:
6. Mr. John Burton and Nantahala Outdoor Center, Inc. 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 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 Mr. John Burton and Nantahala Outdoor
Center, Inc., 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 Mr. John Burton and Nantahala
Outdoor Center, Inc. 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;
7. Construction Stormwater Permit NCG010000
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
Mr. John Burton and Nantahala Outdoor Center, Inc.
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August 23, 2011
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:11-h2o.enr.state.nc.us/su/Forms Documents.htm.;
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org,/c/document library/get file?uuid=ef84dOel-5fc9-4183-87b5-
2f9d7ebl52e0&groupId=38364 The text of the sample deed notification maybe modified as
appropriate to suit to this project.
9. No part of the "wave shaper" structure shall extend above the water surface at low flow.
10. River Rock jetties shall not be grouted together to create pools. Appropriately sized
(based on shear stress calculations and analysis), angular, quarried rock should be utilized
and installed in such a manner that grouting is unnecessary.
11. Trout Moratorium
The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout
Waters a requirement of this Certification is that any additional work conducted within the
stream may not occur between the dates of January 1 through April 15.
12. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices
must be used to meet this standard.
13. 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 Wetlands, Buffers, Stormwater, Compliance and Permitting
(WeBSCaPe) Unit, 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 or CAMA 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
Mr. John Burton and Nantahala Outdoor Center, Inc.
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August 23, 2011
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 23`d day of Au st 2008
DIVISION OaW QUALITY
2, Coleen H. Sullins
3867
CHS/kah/Um