20150535 Ver 1_Approval Letter_20150708

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Gregory S. McDonald and David S. Stentz Jr
P.O. Box 1170
Waynesville, NC 28786
Charles Anderson
Resource Institute, Inc.
2714 Henning Drive
Winston - Salem, NC 27106
July 8, 2015
Kaye Swift
P.O. Box 870
Waynesville, NC 28786
Donald R. van der Vaart
Secretary
DWR q 15 -0535
Haywood County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Hyatt Creek (McDonald) Site Stream Restoration Project
Dear Messrs. McDonald, Stentz, and Anderson and Ms. Kaye Swift:
You have our approval for the impacts listed below for the purpose described in your application dated May
27, 2015, and received by the Division of Water Resources (Division) on June 1, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3885 and the additional 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 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, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and
the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .0506(b) and /or (c)]
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] \ FAX: [phone]
Internet: htip: /Iportaf.ncdenr.oq /web /wq /ws
An Equal Opportunity \Af rmative Action Employer

Hyatt Creek (McDonald) Site Stream Restoration Project
DWRM 15 -0535
401APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Streams
Impact S1
1,389 (linear feet)
2. 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) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)1
3. The permittee will provide on -site supervision of stability work including, but not limited to bank re-
sloping, culvert installation, in- stream structure placement, and riparian zone re- establishment, by an
appropriately trained individual. [15A NCAC 02H .0506(6)(2)]
4. Native vegetation shall be used throughout this project. All tree and shrub plantings within the
proposed planting buffer on both sides of the stream shall be protected from mowing or clearing.
[15A NCAC 02H .0506[6)[2)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(2)]
6. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels
and relocated to new channels to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
7. Visual monitoring of the project shall be conducted at a minimum of quarterly for the first year or two
bankfull 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. [15A NCAC 02H
.0506(6)(2) and (b)(3)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids
or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee /contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the
Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3)(f),
and GS 143 Article 21A]

Hyatt Creek (McDonald) Site Stream Restoration Project
DWRN 15 -0535
401APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1500 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.ncoah.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 8:00am and 5:00pm, 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
If sending 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:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Hyatt Creek (McDonald) Site Stream Restoration Project
DWR# 15 -0535
401 APPROVAL
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H .0500. Please contact Andrew Moore at 828 - 296 -4684 or And rew.W.Moore(a@ ncden r.Rov 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: S. Grant Ginn — Wolf Creek Engineering (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ\ Haywood \4016 \G: \WR \WQ \Haywood \4016 \Non- DOT\Hyatt Creek Stream Restoration ProjerR APRVL. Hyat tCren6lteStree mRestoration Project7-8-
15.doc

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION. ..ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN. RFSTORATION.[ND
CREATION ACTIVITIES INCLUDINtti THOS€ ELIGIBLE ! ?OR U.K ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUJABEBS 13 (BA-AK STABILIZATION) AND
271WETLAND AND RIPARIAN:RESTORATION_AND CREATION).
AND REGIONAL. PERMIT 1978QP9tk(BULKHEADS AND.RIPRAP)
AND RIPARIAN AREA PROTECTION. RULES (BUFFER RULES)
Water Quality Certification Number 3885.isissued in conformity With the requirements of Section
401, Public Laws 92-500 and 95 -217 of the United States and subject to the North Carolina
Division of Water Quality Regulations In 15A NCAC 02H 0500. and 15A NCAC 02B.0200 for the
discharge of fill material to waters as described in 33 CFR 330 Appendix A (S) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 028.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 308 and 307 of the Public Laws 92.500 and
05.297 if conducted In accordance with the conditions hereinafter set forth.
.Activities meeting any one (1) of the following; thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division ");.
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 in- 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 streambank length; or
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length; or
e) Any impact associated With a Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules It 6A 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 Neuse, 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 a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees.
Water Quality Certification. No. 3886

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, .0267 and .0605, 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 concretes 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,
11. All temporary pipes/ culverts/ riprap pads etc, shall 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 Manual 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 rips -rap or
otherapproved 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 a size 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 4

Water Quality Certification No, 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for
losses of equal to or greater than 150 linear feet of streams (intermittent and perennial).
andior 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 "Prohibited" 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
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 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 D WQ. Regional Office must be contacted
to determines 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 applicantipermittee and their authorized agents shall conductall activities` in a. manner
of
State and Federal Law. If the Division determines that such standards or laws are
met, including failure to sustain a designated or achieved use, or that State or Fedl
being violated, or that further conditions are necessary to assure compliance, then
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 08ice. in Raleigh at 1060 Mail
Service Center, Raleigh, NC, 27699 -1660.
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 presentation 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 1, 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 Regions I General Permits and /or when deemed appropriate by
the Director of the Division: of Water Quality.
Water Quality Certification No. 3885 . _ 6 .

MEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Well
Secretary
DWRProject 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 retain this certificate to the 401 and Buffer Permitting Unit, North
Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699 4650. This form may be retained 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 Cerilflcation
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:
Ifthisproject was designed by a Certified Professional
L , 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 ,I
materials. ,I
Signature: Registration No.
Date
401 & Buffer PermBting tail
1660 Mail Service Center, Fiselgh, Nod Camara 27699 -1650
Phone: [phone] FAX: [phone]
Internet: htlp:IlpodaLnWencorglwebhvgM1Vs
An Equal Opportunity l Afffmalive Aceon Employer