20070579 Ver 1_Approval Letter_20070612

Micl~ae( 1~. Easley, Governor
William C,. Ross Jr., Secn;tary
T~~nilh Carolina Det~iarUnent ofEuvironment and Natural Resources
Colleen Sullins, t71reC10C
Division of 1~Vatar Quality
June 12, ~~07
Patrick E. Byrne, II
1449 Bayshore Drive
Niceville, FL 32578
Subject Property: Whistling Gap Road Relicatior~
UWC.~ Project # 07-0579
y~~e e~
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Byrne:
You have our approval, in accordance witi~ tine attached conditions and those listed
below, to place fill within or otherwise impact 230 linear feet of stream for the purpose of
road relocation at the subject properties, as described within your modification request
received by the Asheville Regional Office of the N.C. Division of Water Quality (DWC,2)
on April 16, 2007. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification N-rmber(s) 3404 (GC3404). The
Certification(s) allows you to use Nationwide Permit(s) 14 when issued by the US .Army
Corps of Engineers (USAGE). In addition, you should obtain or otherwise cunrply with
any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted inl your application shall expire ~rpon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. (IVottring in this
approval should be interpreted as giving permission to remove bedload material
from the existing channel, nor allowing for the construction of uerms which
would prohibit the stream access to it's floodplain.) If yore change your project
beyond the approval here, you must notify us and you may be regt.rired to send r.rs a
new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying U.~ith all
conditions. If total fills for this project (now or in the future) exceed one acre 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 ir7
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certificatirn are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: www.ncwaterquality.org
~~ ~'-~
An Equal CpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper

Whistling Gap Raod Relocation:
Page 2 of 6
June 12, 2007
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Stream 230 (feet) Whistlin Ga Branch
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.

VVliistling Gap 12aod Relocation:
Pale 3 of 6
Juue 12, 2U07
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 plarement ~f sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and tl~e
natural grade restored within six months of the date that the C~ivision of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the X01 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/Wetlands Unit,
North Carolina Division of Water Quality, 1050 Mail Service Center, Raleigh, NC,
27699-1650.
6. Sediment and erosion control measures must be implemented prior to car rstruction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous
cover should occur on all bare soil within five (5) days of ground distr.lrhing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas, unless authorized under Division of Land Resources
Erosion and Sediment Control approval. Matting should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and
tall fescue should not be used in riparian areas. In addition because of an
anticipated difficulty in establishing ground cover during the winter, reseeding should
be conducted, as necessary, in the spring-time with a native annual and perennial
seed mix with a temporary nursery crop of wheat, millet or other grain.
7. Only clean, large, angular rock, large woody material, or other natr~ral stream design
materials and techniques should be used for bank stabilization. Rock should r7ot 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 tl~e 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 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 c;,
flow/grade control structures or for reestablishing the natural and more st~~l~le stream
channel dimensions. Stream bed materials are unstahle in flowing-water sitlaations
and are unsuitable for bank stabilization. Stream dredging has catastrophic effects
on aquatic life and disturbance of the natural form of the stream channel can cause
downstream erosion problems. The natural dimension, pattern, arld profile of the
stream upstream and downstream of the permitted area should not be modified by
widening the stream channel or changing its depth.

Whistling Gap Raod Relocation:
Page 4 of 6
June 12, 2007
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.As long-term stream stability is a concern with this type of work, it is strongly
recommended that woody vegetation be established along stream banks where
possible. Any riparian vegetation planting should be performed in accordance with
the Guidelines for Riparian Buffer Restoration.
(http://h2o.enr.state.nc_us/wrn/nclf~hiiffPrs nrlf ~
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
construction 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.
13. 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.
14. If pasture along the stream is to be used for grazing, cattle should be prohibited from
damaging riparian areas and from de-stabilizing the stream banks and channel.
15. Diffuse Flow
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.

Whistling Gap Raod R.elocatio~i:
Page 5 of 6
June 12, ?007
16. 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.
17. 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.
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 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 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.
Sincerely,
__.~---
dr
~~~~, Colleen Sullins, Director
6° Division of Water Quality
CSlkhb
Enclosures: GC 3404
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-0579.WhistlingGapRoadRelocation.Approval