20070645 Ver 1_Approval Letter_20070612

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iA9ic~hael ]'. Erulry, Governor
\Uilliam Cr. Ross Jr., Secretary
North Carolina Der:arlme:~t of Environment and Natural Resources
Coleen Sullies, Director
Division of Water Quuiity
June 12, 2007
Dl/~JQ Project # 07-•0645
I ienderon County
Jim Andrews
Post Office Box 5238
Asheville, North Carolina 28813
Subject Property: Duncan Creek
Violation Restoration
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Andrews:
You have orar approval, in accordance with the attached conditions at7d those listed
below, to place fill within or otherwise impact 315 feet of streams for the pr.rrpose of
strearnbank stabilization at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on May 7, 2007. After reviewing
yorir application, ',rre have decided that the impacts are covered by General Water
Quality Certificatior7 Number(s) 3495 (GC3495). The Certification(s) allows you to use
Nationwide Permit(s) 27 when issued by the US Army Corps of Engineers (USAGE). In
additie~n, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited ta) Erosion
and Sediment Control, Non-discharge, anri stormwater regulations. Also, this
approval to proceed with your proposed imparts or to conduct imparts to waters
as depicted in your application shall expire upon expiration of the 4U4 or CAIUTA
Permit.
This approval is for the purpose that you desci ibed in your applicati~~n. All work must be
to ensure stability, regardless of channel location. Channel r~:-alignment immediately
above the DOT road crossing must be performed in a manner which wi!I protect the
stream alignment through the crossing. If you change your project beyond the activities
authorized below, you must notify us and you may be rerlt_rired to send us a new
application. If the property is sold, the new owner must he given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one ar;re of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed belc;~~~.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, Nonh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North t-arolina 27604
Phone: [phone]! FAX [phone] Internet: htti~://h2aenr state.nc,us/ne~~~etlarrrs
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NorthCarr~lina
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10°ro Post Consumer Paper

The Additional Conditions of the Certification are:
1. Impacts Approved
Duncan Creek
Violation Restoration
Page 2 of 6
June 12, 2007
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 315 (feet) Duncan Creek
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
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 Pre-Construction
Notification. 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.

Lh~nlcan Creek
Violation Restoration
Pane 3 of 6
June 12, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable.. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall Ise removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any sr.rbsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding far
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. Erosiar r control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under vivision of Land Resources
Erosion and Sediment Control approval. Mattinct should be secured in place witt7
staples, stakes, or, wherever possible, live stakes of r7ative tre~:s. Straw rnulct~ and
tall fescue should not be used in riparian areas. In_ aciditic~nl 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 otl~er grain.
7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used fur 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.
8. The channel must be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged (excavated)
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 re-establishing the natural and more
stable stream channel dimensions. Stre~3ml.Jed materials are unstable in flowing-
water situations and are unsuitable far bank stabilization. Stream dredging I~as

Duncan Creek
Violation Restoration
Page 4 of 6
June 12, 2007
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.
9. 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 are not permitted because
they block the floodplain, constrict and accelerate flood flows, and often fail or
impede drainage during large flood events.
10. Repairs to eroded banks should be conducted in a dry work area where possible.
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.
11. 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.
12. Riparian Zone Replanting
Replanting of vegetation along the entire length of Duncan Creek through the
property located within 25 feet of the streambank must be done in a manner
consistant with the Guidelines for Riparian Buffer Restoration immediately
following construction. (Please see attached:)Guidelines for Riparian Buffer
Restoration. (http://h2o.enr.state.nc.us/wrp/pdf/buff_ers.pdf )
13. Monitoring
The Permittee shall examine the stabilization work done under this Certification
on an annual basis for three (3) years following the completion of the restoration
efforts. This field evaluation should note the condition and stability of the
measures installed and how well the repair is holding up. A written report must
be provided to DWQ's Asheville Regional Office by June 1St of each year. The
report must describe inspection results, include digital photographs, list the date
of inspection, and describe any needed repairs or corrections.
14. The permittee will provide on-site supervision of stability work including, but not
limited to bank re-sloping, in-stream structure placement, and riparian zone re-
establishment, by an appropriately trained individual.
13. If pasture along the stream is to be used for grazing, cattle must be prohibited from
damaging riparian areas and from de-stabilizing the stream banks and channel.

14. Diffuse Flow
Duncan Creek
Violation Restoration
Page 5 of 6
~~~,e ~ 2, 2007
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse -flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream.
15. Water Quality Certification Notifications
The permittee must provide a copy of this issued Water Quality Certification and
attached cover letter to each property owner where the approved work will be
performed.
18. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric l-urbidity Units) shall not be
exceeded as described in 15 A NCAC 2E3. .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. The 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 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with tl ~e
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 fur 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 Servire Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

Duncan Creek
Violation Restoration
Page 6 of 6
June 12, 2007
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
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Sincerely,
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Colleen Sullins,. Director
Division of Water Quality
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Clement Riddle
Clearwater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
USACE Asheville Regulatory Field Office
DWQ 401NVetlands Central Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 07-0645. DuncanCreek.Approval