20150016 Ver 1_Approval Letter_20150212

Q
W
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 12, 2015
USDA Forest Service
Attn: Kristin Bail & Brady N. Dodd
160 Zillicoa Street, Suite A
Asheville, NC 28801
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICA
Davidson River Stream Bank Stabilization at Daniel Ridge
Dear Ms. Bail & Mr. Dodd:
Donald R. van der Vaart
Secretary
DWR # 15 -0016
Transylvania County
In accordance with your application dated December 12, 2014, approval has been granted for the impacts listed
in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s)
or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3885 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply
with any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided that all of the other specific and general conditions of the
Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount Approved
Amount Approved
Temporary
Permanent
Stream
120 (linear feet).
(linear feet)
Water Quality Regional Operations— Asheville Regional Once
2090 US Hwy 70, Swannanoa, NO 28778
Phone'. 828- 296 -05001 FAX: 828 - 299 -7093
Internet. htlpalpadatnbencorglweblwglws
An Equal Oppmernity I Annua a Action Employer

USDA Forest Service
February 12,2015
Page 2 of3
ADDITIONAL CONDITIONS
1. 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 the Certification/Authorization. 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 approval
letter and General Certification (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. The stream is a Class WS -V, B; Tr, HQW Waters. In order to protect downstream uses for Class WS -V,
B; Tr, HQW Waters a requirement of this Certification is that any work conducted within the stream
may not occur between the dates of October 15 through April 15.
3. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the
first year or two bank full events (whichever is longer), and then annually until the site is stable
(particularly after storm events) 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.
4. Meet conditions stated in the NC WRC comment letter dated January 13, 2015.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at htto: / /www.ncoati.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:OOam and 5:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:

USDA Forest Service
February I2, 2015
Page 3 of 3
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox@'ncdenr.eov if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: DWRARO401 files
cc: David Brown -USACE Asheville Regulatory Field Office
Andrea Leslie — NC WRC
Laura Herbert — DEMLR
Ashley Rodgers - DEMLR
G: \WR \WQ \Transylvania \401, \Non -DOl .idson River Streambank Stabilization ©Daniel Ridge\ APRVL. 40IDuidsonRiverS treambankStab2- 10- 2015.doc

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION. AND
CREA-TIL)N ACTIVITIES INCLUDIN TH,Q$, ELIOIBL,'FOR U.S. ARMY .CORPS OF
ENGINEERS NATIONWIDE pER IT NUMBERS 13IBANK STADILIZATIONI AND
27 (WE AND RIPARIAN RESTORATION AND CREATION}
AND REGIQNAL PERMIT 197500080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (DUFFER RULES)
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95 -21.7 of the United States and subject to the North Carolina
Division of Water Quality Regulations In 15A NCAC 02H .0500 and 15A NCAC 028.0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 02B.0200.
The State of North Carolina certifies that thespecified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92.500 and
95217 if conducted in accordance with the conditions hereinafter set forth.
.Activities meeting anyone (1) of the following . thresholds or circumstances require written
approval for a 401 Water quality Certification from the Division of Water Quality (the
"Division'T
a) All proposed fill or modification of wetlands and /or waters, including streams and
streambanks, regardless of the purpose of'the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving h1- stream structures
for the sole purpose of streambank stabilization, which are designed based on current
natural channel techniques, . and do not exceed a total of three structures within 100 feet
or less of streambank; or
b) Any stream relocation; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non-natural armoring such as riprap, gabion' baskets, deflection walls etc of
greater than 150 feet in streembank length; or
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 600 feet of streambank length; or
a) Any impact associated with a Notice of Violation or an enforcement action for violation($)
of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H.
.1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200); or
f) Any impacts to streams and /or buffers in the Nauss, Tar - Pamlico,. or Catawba River
Basins or in the Randleman, Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules (Buffer Rules] in effect at the time of
application) unless the activities are listed as "EXEMPT" from these rules or a Buffer
Authorization Certificate is issued. through N.C. Division of Coastal Management (DCM)
delegation for 'ALLOWABLE" activities.
In accordance with North Carolina General Statute 143- 215.3D(e), written approval for a 401
Water Quality General Certification must Include the appropriate fee. If a project also requires
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees:
Water Quality Certification. No. 3885 1

Water Quality Certification No. 3885
Activities Included In this General Certification that do not meet one of She thresholds
listed above do not require written approval from the Division as long as they comply with
the Conditions of Certification listed below. If any of these Conditions cannot be met, then .
written: approval from the Division is required.
Conditions of Certification
1. Activities shall meet the definitions; design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter IRGL02 -02) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates 3o these
documents,
2. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
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, as
authorized in the written approval from the Division or beyond: the thresholds established for
use of this Certification without written authorization, including Incidental impacts. 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. Approved plans and
specifications for this project are Incorporated by reference and are enforceable parts of this
permit.
3. Standard Erosion and 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 and if applicable, . comply with the specific conditions: and
requirements of theNPDES Construction Stormwater Permit issued to the site:
a. Design, . installation, operation;: and maintenance of the sediment and erosion control
mpamrvps musf ha arin.h that lhnv moat or exceed the reauirements soeclfled in the most
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.
b. 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.
a .Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
o If the project occurs in waters or watersheds classified as Primary Nursery Areas (f NAs),
SA WS -I WS -II, High Quality (HOW),. or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
In 15A NCAC 048.0124, Design Standards in Sensitive Watersheds.
Water Quality Certification No. 3885

Water Quality Certification No, 3885
4. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices inwetiands and waters is
unavoidable, then design . and placement of temporary erosion control measures shall not be
conducted In a manner that may result In dis- equilibrium of wetlands, stream beds or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the
date that the Division of Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit: allows stormwaterto be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, . inspections and maintenance, self- monitoring, record keeping
and reporting requirements is required, A copy of the general permit(NOG010000),
inspection log . sheets, and other . information may be found at
hai)'l/gortal ncdenr ora /weblwa /ws /sulnodesswktab -w .
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent version
of their individual NPDES (NCS000250) stormwater permit.
0. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (Le, see turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
(DMF), or National Marine Fisheries Service (NMFS) to lessen Impacts on trout, anadromous
fish, larval /post -larval fishes and crustaceans, of other aquatic species of concern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS,,endlor DMF personnel.
Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NO Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
8. 'Riparian Area Protection (Buffer) Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
within the Neuse, Tar - Pamlico, or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin or watershed with buffer rules). shall be limited
to "uses" identified within and constructed in accordance with 15A NCAC'. 02B .0233, .0259,
.0243, .0250, .0257 and .0005, and shall be located designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices, All buffer rule requirements, including diffuse
flow requirements, must be met. -
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/ fish kills.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions within 60 days of the determination that the temporary Impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except for the
.approved maintenance areas) and restored to prevent erosion.
91. All temporary pipes/ culverts /.riprap pads etc, snail be installed in all streams as outlined in
the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface. Mining Manuel so as not to restrict stream flow
or cause dis- equilibrium during use of this General Certification.
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall buried and /or "keyed in" such that the original stream
elevation and streambank contours are restored and maintained Placement of rip -rap or
other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
13. Any rip -rap used for stream stabilization shall be of asize and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure structural integrity of bank
stabilization. measures.
14, A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local _
regulations.
15. Applications for riprap groins proposed in accordance with 15A NCAC 07H,1401 (NC
Division. of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Water Quality Certification, No. 3885

Water Quality Certification No, 3885
16, Compensatory Mitigation
In accordance. with 15A NCAC 02H_0606 (h), compensatory mitigation maybe required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial)
and /or equal to or greater than one (1) acre of wetlands, For linear public transportation
projects, impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with Mitigation" or "Prohlbited" within the
Table of Uses..
A.. determination of buffer, wetland, and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide. and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols. The mitigation . plan must be Implemented and /or constructed before any impacts
occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a.
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site. ,
17. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification Is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) Is issued by the State
Clearinghouse,
18. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations . will be required.
19. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. The applicanBpermittee and their authorized agents shall conduct all activities in a manner
State and Federal Law. If the Division determines that such standards or laws are not being
met Including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
21. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
.Service Center, Raleigh, NC, 27699.1650,
22. Additional site - specific conditions, including, monitoring and/or modeling requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification in order to ensure compliance with all applicable water quality and effluent
standards.
23, This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentatlon of proper credentials, to enter the property
during normal business hours.
Water Quality Certification No. 3885

Water Quality Certification No, 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date
of issuance of Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non - compliance With or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and /or civil
penalties,
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it Is determined
that the project is likely to have a significant adverse effect upon water quality, including state or
federally listed endangered or threatened aquatic species, or degrade the waters so that existing
uses.. of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER. QUALITY
By
Charles.Wakild, P.E.
Director
History. Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November t, 2007; WQC Number 3626 issued March, 2007, WQC
Number 3495 Issued December 31,. 2004; and WQC Number 3399 issued March 2003. This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional, General Permitsand /orwhen deemed appropriate by
the Director of the Division: of Water Quality.
Water Quality Certification No. 3885 6

QI
066E IIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der vaart
Secretary
DWR 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
1, 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 constructlbn 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
461 &Butler Permitting Unit
1650 pooh Service Center, Ralelgh, Nom Carolina 276991650
Phone. [phone] FAX [phone]
Int erne. htlp '.t /po al.ncdenr.org /web)wghvo
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