NCC242099_ESC Approval Submitted_20240806

ROY COOPER
Governor c ,
ELIZABETH BISER 7
Secretary
WILLIAM E.TOBY VINSON,JR.
Interim Director NORTH CAROLINA
Environmental Quality
October 20, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
USACE—Thomas Nicholson
Attention: Timothy Quinlan, Project Manager
499 Reservoir Rd
Wilkesboro,NC 28697
RE: Project Name: W. Kerr Scott Dam & Reservoir Erosion Control Project
Project ID: WILKE-2024-005
County: Wilkes
Acres Approved: 2.0 Acres
City: Wilkesboro
Address: 499 Reservoir Road
River Basin: Yadkin Pee-Dee
Stream Classification: WS-IV, B, Trout
Submitted By: Timothy Quinlan, Project Manager
Date Received by LQS: September 28, 2023
Plan Type: New
Dear Sir or Madam:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable with modifications and hereby issue this letter of Approval with Modifications. The
modifications required for approval are listed on the attached page. This plan approval shall expire three
(3) years following the date of approval, if no land-disturbing activity has been undertaken, as is
required by Title 15A NCAC 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (eNOl) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction General Permit. After the fain' is reviewed and found to be complete, you will receive a
link with payment instructions for the $120 annual permit fee. After the fee is processed, you will
receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for
this project,you MUST obtain the COC prior to commencement of any land disturbing
activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about
the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of
this project changes in the future, the new responsible party must obtain a new COC.
Title 15A NCAC 4B .0118(a) and the NCG010000 penult require that the following documentation be
kept on file at the job site:
North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road,Suite 300 Winston-Salem,North Carolina 27105
336-776-9800

Letter of Approval with Modifications
USACE—Thomas Nicholson
October 20, 2023
Page 2 of 4
1. The approved E&SC plan as well as any approved deviation.
2. The NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project, it is
deteinnined that the erosion and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this
office may require revisions to the plan and implementation of the revisions to ensure compliance with
the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water
quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply
to this land-disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form if there
is any change in the infoinuation included on the foiiu. In addition, it would be helpful if you notify this
office of the proposed starting date for this project.
Your cooperation is appreciated.
Sincerery,
Nicole Chiles, EI
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
c: U.S. Army Corp of Engineers, Wilmington District
ATTN: T. Muphy
69 Darlington Ave
Wilmington,NC 28401

Letter of Approval with Modifications
USACE—Thomas Nicholson
October 20, 2023
Page 3 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: W. Kerr Scott Dam & Reservoir Erosion Control Project
Project ID: WILKE-2024-005
County: Wilkes
Plan Reviewed By: Jack Lawry-Popelka
Modifications pursuant to applicable North Carolina General Statutes and/or Regulations:
1. Because this activity is occurring within designated trout buffers, the following conditions
apply [15A NCAC 04B .0125]:
a. No buffer/stream disturbing activity shall take place within the trout buffer zone
during the trout spawning period of October 15 —April 15, unless the North Carolina
Wildlife Resource Commission determines that the moratorium is not applicable to
this project.
b. Compliance must be maintained with the surface water quality turbidity standard (10
NTU in streams, lakes, or reservoirs designated as trout waters); if turbidity exceeds
these levels due to natural background conditions,the existing turbidity level shall not
be increased. If any exceedance occurs at any time during the project, activity within
the buffer must cease immediately. More protective erosion and sedimentation
control measures may be required in order to comply with this water quality standard.
[G.S. 113A-54.1(a), 15ANCAC 02B .0211 (21)].
c. All materials should be on hand before any work is started. All materials must be
stored in an orderly manner away from vehicular traffic, near the construction
entrance, and away from waterways or stoma drains in appropriate containers and/or
enclosures.
d. All bank repairs, stabilization, grading, or any other disturbances within the 25-foot
buffer zone shall be completed by the end of each day. Work shall be scheduled so
that at the end of each day bare ground is not exposed and all disturbed areas
including banks shall have an adequate temporary or permanent ground cover in
place.
e. The contractor shall install and maintain erosion control devices sufficient to contain
sediment around any erodible material stockpile areas as directed. No earthen-
material stockpile or staging area shall be located within the 25-foot buffer zone of
any surface water classified as Trout Waters by the Environmental Management
Commission.

Letter of Approval with Modifications
USACE—Thomas Nicholson
October 20, 2023
Page 4 of 4
2. Silt fencing should be provided around all bore pits and associated work areas, including soil
stockpiles. [G.S. 113A-57(3)]
3. Please notify this office prior to your pre-construction conference for this project by calling
(336) 776-9800 and asking to speak with the Land Quality inspector for your county.
Permission must be obtained and granted from NC DEQ DEMLR prior to the removal of any
ESC measures. [GS 113A-51, 15A NCAC 4B .0120]
4. Any off-site borrow and waste required for this project must come from a site with an
approved erosion control plan, a site regulated under the Mining Act of 1971, or a landfill
regulated by the Division of Solid Waste Management. Trash/debris from demolition
activities or generated by any activities on site must be disposed of at a facility regulated by
the Division of Solid Waste Management or per Division of Solid Waste Management or
Division of Water Resources rules and regulations. [15A NCAC 4B .0110]
5. Additional measures may be required - The applicant is responsible for the control of
sediment on-site. If the approved erosion and sedimentation control measures prove
insufficient, the applicant must take those additional steps necessary to stop sediment from
leaving this site. [15A NCAC 4B .0115]
6. The NCG01 has a $120 yearly fee and our office often receives closure inspection requests
days prior to yearly NCG01 fee payment due dates. Be advised the project requires a closure
inspection report by DEMLR prior to filing the Notice of Termination (NOT) to terminate
NCGOI coverage. The closure inspection should not be requested until after the site has
achieved full vegetative stabilization and measures have been removed. The removal of
temporary ESC measures, including basins, requires prior approval. Often, a full growing
season is necessary between initial seeding/mulching and removal of measures. Please plan
your construction accordingly to avoid contacting our office prematurely for a closure
inspection. Also be advised you may be asked for representative site pictures prior to a
closure inspection. [General Comment]
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities

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Knight, Thomas I II CIV USARMY CESAW (USA)
From: Currylow, Andrea F CIV USARMY CESAW (USA)
Sent: Tuesday, October 31, 2023 9:06 AM
To: Knight, Thomas I II CIV USARMY CESAW (USA)
Cc: Medlock, James M (Jim) CIV USARMY CESAW (USA); Quinlan, Timothy CIV SAW; Owens,
Jennifer L CIV USARMY CESAW (USA)
Subject: FW: [External] FW:WKS Erosion & Sediment Control Permit
FYSA—The North Carolina Wildlife Resource Commission determined that the trout moratorium is not applicable to the
WKS Riprap project.
Andrea Currylow, MSc, PhD (she/her)
Biologist, Environmental Resources Section
USACE-Wilmington District
69 Darlington Ave.
Wilmington,NC 28402
[e-mail]
Office: 910-251-4829
Work Cell: 910-639-8209
From: Leslie, Andrea J <[e-mail]>
Sent:Tuesday, October 31, 2023 8:52 AM
To: Currylow, Andrea F CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] FW: WKS Erosion &Sediment Control Permit
Hi Andrea-
Sure. There aren't any wild trout in that area, so no trout moratorium applies to your
project.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
645 Fish Hatchery Rd., Building B
Marion, NC 28752
828-803-6054 (office)
828-400-4223 (cell)
www.ncwildlife.org
8+ fi.`� 0
Get NC Wildlife Update delivered to your inbox from the N.C.Wildlife Resources Commission.
Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties.
1

From: Currylow, Andrea F CIV USARMY CESAW(USA) <[e-mail]>
Sent: Monday, October 30, 2023 12:50 PM
To: Leslie, Andrea J <[e-mail]>
Subject: [External] FW: WKS Erosion &Sediment Control Permit
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report
Message button located on your Outlook menu bar on the Home tab.
Hello Andrea!
I was wondering if you could help us on a bank stabilization project at one of our dams in Wilkes County.The
project is to address some erosion issues at each side abutment to the W Kerr Scott Dam. On one side it involves
the removal of some remaining trees (both fallen and standing) so that the shoreline can be stabilized, rebuilt,
and revegetated. However,we received a modification requirement with the erosion and sediment control
authorization (attached)that states there is an Oct 15—Apr 15 moratorium for a trout buffer unless WRC
determines it is not applicable. A complicating factor is that we are limiting the tree removal for reducing any
potential take of endangered bats (a moratorium Apr 1 -Oct 15). So, there appears to be no days within the year
that the work could be conducted on the eroding slope without affecting either bat habitat,trout habitat, or
both. Could you please help us determine if the buffer is applicable in our location (see maps and photos in the
attached pages)? If we need to talk further about this, I can set up a call with you, me, the engineer, and the
construction lead.
Thank you very much and please let me know if a quick phone or Teams chat with me about this would be
helpful.
Andrea Currylow, MSc, PhD (she/her)
Biologist, Environmental Resources Section
USACE -Wilmington District
69 Darlington Ave.
Wilmington, NC 28402
[e-mail]
Office: 910-251-4829
Work Cell: 910-639-8209
From: Knight,Thomas I II CIV USARMY CESAW (USA)<[e-mail]>
Sent:Thursday, October 26, 2023 12:12 PM
To: Currylow, Andrea F CIV USARMY CESAW (USA) <[e-mail]>
Subject: WKS Erosion & Sediment Control Permit
Hey Andrea,
Attached is the ESC permit with modifications. Can you investigate what the trout buffer distance is? Is it
the same 25ft buffer zone mention on point d. on page 3?
Thomas I. Knight, II
Civil Engineer
USACE—Wilmington District
Office: 910.251.4841 (M,T,W)
Cell: 304.646.3498 (Th, F)
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