20060469 Ver 2_Approval Letter_20060914

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~ f- Michael F. Easley, Governor
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r Alan W. Klimek, P.E. Director
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" Division of Water Quality
September 14, 2006
DWQ Project # 06-0469 Ver. 2
Haywood County
Mr. Tim Plowman
Waynesville Parks and Recreation Department
550 Vance Street
Waynesville, NC 28786
Subject Property: Richland Creek Greenway Stabiliza tion
David Heitz Property
Approval of 401 Water Quality Certification with Additional Conditions
'' Dear Mr. Plowman:
You have our approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 10 linear feet of stream for the purpose of greenway
stabilization at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on July 10, 2006 and additional information received
August 25, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3494 (GC3494). The
Certification(s) allows you to use Nationwide Permit(s) 36 when issued by the US Army
Corps of Engineers (USAGE). In addition, 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 to) Erosion and Sediment Control, Non-discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts or
Ito conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose, but not the design, that you described in your application.
If you change your project, you must notify us and you may be required to send us 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 with 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 in the attached certification
and any additional conditions listed below.
401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, NoRh Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet http://h2o.enr.state. nc. us/ncwetlands
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Richland Creek Greenway Stabilization
Page 2 of 5
September 14, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
The follovring 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 ;Plan Location or Reference
A proved (Units
a Stream and Bank 10 (square feet) Richland 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 mast 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 barrow 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.

Richland Creek Greenway Stabilization
Page 3 of 5
September 14, 2006
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. -
4. 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 be 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 subsequent 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 for a
temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover
should occur on all bare soil within five (15) days of ground disturbing activities to
provide long-term erosion control. Erosion control matting should be used in
conjunction with appropriate seeding on disturbed soils in steep slope and riparian
areas. 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.
7. 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 canoe access area. Streambed materials are unstable in
flowing-water situations and are unsuitable for bank stabilization. In- 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, 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.
8. Stabilization measures should only be applied on or near new disturbed 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

Richland Creek Greenway Stabilization
Page 4 of 5
September 14, 2006
Icng-term availability of stream bank cover for aquatic life and wildlife. Backfill
materials should be obtained from upland sites except in cases where excess
streambed materials are available. Berms shall not be constructed because they block
the floodplain, constrict and accelerate flood flows, and often fail and sometimes
impede drainage during large flood events.
9. Repairs to graded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize activities in flowing water.
10. Heavy equipment should be operated from the bank whenever possible. All
maintained regularly to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids or other toxic materials. Equipment used in stream channels must be
clean, new or [ow hour equipment.
11. 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 grill not re-concentrate before discharging into a stream.
12. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved .under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer,- wetland or water prior to any land
disturbing activity_
13. Deed Notifications
Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective woody riparian zones in order to assure compliance
for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to impacting any wetlands, waters and/or buffers approved for impact
under this Certification Approval and Authorization Certificate.

Richland Creek Greenway Stabilization
Page 5 of 5
September 14, 2006
14. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and erosion
control practices must be used to meet this standard. Upstream and downstream
continuous, recording, turbidity monitoring shall be installed and calibrated prior to
beginning work. Should the standard referenced above be exceeded, all work shall
cease, the Asheville Regional Office of the Division of Water Quality, Surface Water
Protection Section notified, and more stringent
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 1506 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 Mr. Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Si e ,
r' Ian W. Klimek, P.E., Director
Division of Water Quality
Enclosures: GC 3494
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR, Asheville Regional Office
David McHenry, Wildlife Resources Commission
401NVetlands Unit
File Copy
Central Files
Filename: 06-0469.Vert.RichlandCreekGreenwayStabilization Approval