20130941 Ver 1_Approval Letter_20131206

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs
Governor Thomas A. Reeder
Director
December 6, 2013
Carolyn Banks, Trustee
717 Dillingham Road
Bamardsville, NC 28709
Subject: 401 Water Quality Certification - Approval
Project Name: Haw Branch Restoration
DWQ Project # 2013 -0941
Buncombe County
French Broad / Haw Branch / 6- 96 -1 -8 / WS II -HQW
Deadline: April 1, 2014
Dear Ms. Banks:
John E. Skvada, III
Secretary
The Division of Water Resources 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 895 feet of streams for the purpose of bank
stabilization and culvert installation for property access at the subject property. This approval requires you to
follow the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Numbers 3885 and 3890. This Certification
allows you to use Nationwide Permits 13, 27, and 39 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 Trout 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.
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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone]
Internet www.ncwaterqualky.org
An Equal Opportunity 1 Affirmabe Action Employer

Carolyn Banks, Trustee
December 6, 2013
Page 2 of 3
Additional Conditions:
1. Post - Proiect Monitorins - Within 30 days of completion of construction, signed and sealed as -built
drawings shall be submitted to both the Division of Water Resources, 401 and Buffer Permitting Unit,
1650 Mail Service Center, Raleigh NC 27699 -1650 and to the Asheville Regional Office. The
drawings shall include a surveyed longitudinal profile of the restored reach and two cross sections each
of a representative riffle and pool, (referenced by installed and flagged rebar pins), within the restored
reach. Photo documentation of the restored reach shall be included with the drawings.
Visual monitoring of the stabilized project shall be conducted at a minimum of quarterly for the first
year, or until two bankfull events have occurred, and then annually until the site is stable and vegetation
is successful. Any failures of structures, stream banks, or vegetation may require future repairs or
replacement, which requires coordination with the Asheville Regional Office to ensure the stability and
water quality of the stream and downstream waters.
At the end of year two, or after two bankfull events have occurred, following the completion of
construction, the restored reach shall again be surveyed providing a longitudinal profile and cross
sections at the same locations as established in the as -built survey, and record drawings along with photo
documentation of the restored reach, shall be submitted to both the Division of Water Resources, 401
and Buffer Permitting Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650 and to the Asheville
Regional Office.
2. Natural fiber matting is recommended for stream bank stabilization over plastic matting that can entrap
small animals.
3. Within 30 days of adequate ground cover establishment, a site evaluation shall be conducted of any
offsite sediment or deposition related to the Notice of Violation or restoration activities. If needed a
sediment removal plan, along with a timeline for completion, shall be submitted to the Asheville
Regional Office of the Division of Water Resources for approval.
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.
Amount Approved nits
Plan Location or Reference
Stream
Bank Stabilization
Application Item 3a.
685 (feet)
Culvert installation
140 ft.
Culvert Removal 20 ft.
Culvert Replacement
50 ft.
Additional Conditions:
1. Post - Proiect Monitorins - Within 30 days of completion of construction, signed and sealed as -built
drawings shall be submitted to both the Division of Water Resources, 401 and Buffer Permitting Unit,
1650 Mail Service Center, Raleigh NC 27699 -1650 and to the Asheville Regional Office. The
drawings shall include a surveyed longitudinal profile of the restored reach and two cross sections each
of a representative riffle and pool, (referenced by installed and flagged rebar pins), within the restored
reach. Photo documentation of the restored reach shall be included with the drawings.
Visual monitoring of the stabilized project shall be conducted at a minimum of quarterly for the first
year, or until two bankfull events have occurred, and then annually until the site is stable and vegetation
is successful. Any failures of structures, stream banks, or vegetation may require future repairs or
replacement, which requires coordination with the Asheville Regional Office to ensure the stability and
water quality of the stream and downstream waters.
At the end of year two, or after two bankfull events have occurred, following the completion of
construction, the restored reach shall again be surveyed providing a longitudinal profile and cross
sections at the same locations as established in the as -built survey, and record drawings along with photo
documentation of the restored reach, shall be submitted to both the Division of Water Resources, 401
and Buffer Permitting Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650 and to the Asheville
Regional Office.
2. Natural fiber matting is recommended for stream bank stabilization over plastic matting that can entrap
small animals.
3. Within 30 days of adequate ground cover establishment, a site evaluation shall be conducted of any
offsite sediment or deposition related to the Notice of Violation or restoration activities. If needed a
sediment removal plan, along with a timeline for completion, shall be submitted to the Asheville
Regional Office of the Division of Water Resources for approval.
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.

Carolyn Banks, Trustee
December 6, 2013
Page 3 of 3
This letter completes the review of your application by the Division of Water Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fox in the Asheville Regional Office at
(828) 296 -4664.
Sincerely,
fo. Thomas A. Reeder
TARItrf
Enc: GC3885 & 3890
Certificate of Completion
cc: Tasha McCormick - USACE Asheville Regulatory Field Office
David McHenry — North Carolina Wildlife Resources Commission
Mike Lovoy, P.E.
Karen Higgins — 401 and Buffer Permitting Unit
Doug Sharp — Buncombe County Erosion Control
ARO File Copy
G: \WQ\SWP\BummnbeWOls\Non- DOMeott Banks Dillingham road\APRVL 401SoatBanks.12- 5- 2011doc