20120383 Ver 1_Approval Letter_20120604

LWAA
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NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E
Governor Director
June 4 2012
Wyatt Brown
NCEEP
116 West Jones St Suite GI I I
Raleigh NC 27603
Natural Resources
Subject 401 Water Quality Certification - Approval
Project Name Middle South Muddy Creek Stream Restoration Plan
DWQ Project # 12 0383
McDowell County
Catawba / South Muddy Creek / 11 32 2 / Class C
Dear Mr Brown
Dee Freeman
Secretary
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 2 201 feet of streams for the purpose of
restoration and stabilization at the subject property This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions hsted below
Project impacts are covered by General Water Quality Certification Number 3885 This Certification allows
you to use Regional General / 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 and any floodplain or 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
Location 2090 U S Highway 70 Swannanoa North Carolina 28778
Phone [phone] FAX [phone]
Internet www ncwaterquality org
An Eaual O000rt n tv Affirmat a A t Fm I
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NorthCarolina
AffiWIM&

Wyatt Brown
NCEEP
June 4 2012
Page 2 of 3
Impacts Approved
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
Additional Conditions
1 Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometnc 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
2 Culvert Installation
All work In or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http / /www ncdot org/doh/operations/BMP manual /downloadBMP Manual pdf)
such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation
in flowing water
Culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered Existing stream dimensions (including the cross section dimensions pattern and longitudinal
profile) must be maintained above and below locations of each culvert Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams If any of the
existing pipes are or become perched the appropriate stream grade shall be re established or if the pipes
installed in a perched manner the pipes shall be removed and re installed correctly
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or
down stream of the culvert(s) Existing stream dimensions (including the cross section dimensions pattern
and longitudinal profile) shall be maintained above and below locations of each culvert
Placement of culverts and other structures in waters streams and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow
passage of water and aquatic life Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium
of wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ
Amount Approved (Units)
Plan Location or Reference
Stream
931 (feet)
South Muddy Creek Restoration
177 (feet)
Lower S Muddy Creek Enhancement
24 (feet)
Upper Sprouse Creek — Enhancement 1
598 (feet)
Middle Lower Sprouse Branch Restoration
471 (feet)
Iva Branch Restoration
Additional Conditions
1 Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometnc 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
2 Culvert Installation
All work In or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual
(http / /www ncdot org/doh/operations/BMP manual /downloadBMP Manual pdf)
such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation
in flowing water
Culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered Existing stream dimensions (including the cross section dimensions pattern and longitudinal
profile) must be maintained above and below locations of each culvert Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the streams If any of the
existing pipes are or become perched the appropriate stream grade shall be re established or if the pipes
installed in a perched manner the pipes shall be removed and re installed correctly
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or
down stream of the culvert(s) Existing stream dimensions (including the cross section dimensions pattern
and longitudinal profile) shall be maintained above and below locations of each culvert
Placement of culverts and other structures in waters streams and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow
passage of water and aquatic life Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium
of wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by
DWQ

Wyatt Brown
NCEEP
June 4 2012
Page 3 of 3
The establishment of native woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods If rip rap is necessary it shall
not be placed in the stream bed unless specifically approved by the Division of Water Quality
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions
Upon completion of the protect the Applicant shall complete and return the enclosed Certificate of
Completion form to notify NCDWQ when all work included in the §401 Certification has been completed
The responsible party shall complete the attached form and return it to the 401 /Wetlands Unit of the NC
Division of Water Quality upon completion of the project Please send photographs upstream and
downstream of each culvert site to document correct installation along with the Certificate of Completion
form
3 Please notify Tim Fox in the Asheville Regional office within 72 hours prior to starting construction
regarding this project
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 Tim Fox in the Asheville Regional Office at 828
2964664
Sincerely
r� Charles akild P E Director
CW /tf
Enc GC 3885
Certificate of Completion
cc USACE Asheville Regulatory Field Office
WeBSCaPe Unit — Central Office
File Copy
S \SWP\McDowe11\401s\Non DOT\Middle South Muddy Creek Restoration\APRVL 401 MiddleSouthMuddyCreek 06 01 12 doc