20071890 Ver 1_Approval Letter_20080110

of w a TFR
c~~ ,~
~ `~
o ~ -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 10, 2008
DWQ Project # 07-1890
Polk County
Micky Clemmons
Baker Engineering NY, Inc.
1447 South Tryon, Suite 200
Charlotte, North Carolina 28203
Guy C. Pearce
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 - 1652
Subject Property: Blockhouse Creek Stream Restoration
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Clemmons and Mr. Pearce:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 5,988 feet of streams for the purpose of
stream enhancement at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on November 8, 2007. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3689 (GC 3689). The Certification(s) allows you
to use Nationwide Permit(s) 27 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 to 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 stated 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.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]nternet: http:/lh2o.enr.state.nc.uslncwetlands
No° thCarolina
,71~a~crra!!~
An Equal OpportunitylAftirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Blockhouse Creek Stream Restoration
Page 2 of 6
January 10, 2008
1. Impacts Approved
The following 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 Approved
Units) Plan Location or Reference
Stream 4,156 linear feet Blockhouse Creek
Stream 550 (linear feet Trib 1
Stream 1,282 (linear feet) Trib 2
Wetland .049 acres Wetland 1
Wetland .051 acres Wetland 2
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 most 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 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.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
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.

Blockhouse Creek Stream Restoration
Page 3 of 6
January 10, 2008
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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 (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. 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. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
8. The channel should be restored to a more stable condition. However, 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 eroding banks for the explicit purpose of anchoring stabilizing or
flow/grade control structures or for reestablishing the natural and more stable stream
channel dimensions. Stream bed 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.

Blockhouse Creek Stream Restoration
Page 4 of 6
January 10, ?008
9. Stabilization measures should only be applied on or near existing erosion 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 long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
10. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
11. Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
12. Disturbed stream banks and a 30-foot vegetated zone must be restored along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
13.If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.
14. 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 will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
15. Riparian Zone Replanting
A 25 foot vegetated zone must be established along streams through the entire
property. Planting of vegetation within 25 feet of the streambank must be done in
a manner consistent with the Guidelines for Riparian Buffer Restoration
immediately following construction. (Please see attached.)

Blockhouse Creek Stream Restoration
Page ~ of 6
January 10, 2008
16. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers 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. A
sample deed notification can be downloaded from the 401/V1/etlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
17. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
18. No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated program has released the project.
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 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.

Blockhouse Creek Stream Restoration
Page 6 of 6
January 10, 2008
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 Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
~'~c Coleen H. Sullins, Director
Division of Water Quality
CHS/khb
Enclosures: GC 3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1890.BIockhouseCreekRestorationProject.Approval