20201968 Ver 1_Approval Letter_20211115

SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

November 15, 2021

DWR # 2020-1968 V2
Rutherford County

Rutherford County
Attn: Steve Garrison
Email: [e-mail]

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Broad River Paddle Access 221

Dear Mr. Garrison:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) September 30, 2021, with additional information
received on November 08, 2021, and payment received on October 04, 2021. These impacts are covered
by the attached Water Quality General Certification Number 4132, Water Quality General Certification
Number 4135, and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 36 and Nationwide Permit Number 14 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary

Stream
S1 40 (linear feet) 7 (linear feet)
DocuSign Envelope ID: B4C08F92-DFCD-4F20-A20F-804DA94F3670
Rutherford County, Broad River Paddle Access 221
DWR # 2021-1968 V2
401 Certification
Page 2 of 4

This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Asheville Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.

Additional Conditions:
1. Uncured or curing concrete shall not come into direct contact with waters of the state. [15A
NCAC 02H .1305 (4)(C)]
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria, and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
2. North Carolina Wildlife Resources Commission (NCWRC) has determined this reach of the
Catawba River supports a number of listed and rare species, including Quillback [Carpoides sp.
cf. cyprinus, NC Significantly Rare (SR)] and Carolina Foothills Crayfish (Cambarus johni, NC SR).
Due to the sensitivity of these species to fine sediments, it is important that erosion and
sediment control measures be maintained during the project. [15A NCAC 02H .0506 (b)(3)]
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture) and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
3. All wetlands located within 50 feet of the construction area on the project site shall be clearly
marked (example- orange fabric fencing) prior to any land disturbing activities and must be
maintained on the property until the project phase is completed. [15A NCAC 02H .0506(b)(2)
and 15A NCAC 02H .0507 (c)]
DocuSign Envelope ID: B4C08F92-DFCD-4F20-A20F-804DA94F3670
Rutherford County, Broad River Paddle Access 221
DWR # 2021-1968 V2
401 Certification
Page 3 of 4

Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
4. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 02B .0200. Appropriate sediment and erosion control practices must be
used to meet this standard. [15A NCAC 02B .0211 (21)].
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and
water supply); and that activities must not cause water pollution that precludes any best use on
a short-term or long-term basis.
5. The designer or his designee shall supervise the installation of in-stream structures. [15A NCAC
02H .0506(b)(1) and (2)]
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures
are installed properly will ensure that conditions of waters are suitable for all best uses provided
for in state rule.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Mitchell Anderson at 828-296-4662 or [e-mail] if you
have any questions or concerns.
DocuSign Envelope ID: B4C08F92-DFCD-4F20-A20F-804DA94F3670
Rutherford County, Broad River Paddle Access 221
DWR # 2021-1968 V2
401 Certification
Page 4 of 4

Sincerely,

G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – ARO

Enclosures: GC 4132
GC 4135
Certificate of Completion

ec: Brandee Boggs, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
Tim Johnson, Destination by Design
Josselyn Lucas, Brushy Fork Environmental Consulting, Inc.
DWR 401 & Buffer Permitting Unit file

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WR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification:

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 this certificate to
the 401 and Buffer Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service
Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the
applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all
of these.

Applicant’s Certification
I, _, hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:

Agent’s Certification
I, _, hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification
and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:

If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby
state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date
Registration No.

DocuSign Envelope ID: B4C08F92-DFCD-4F20-A20F-804DA94F3670