20160155 Ver 1_Approval Letter_20160331

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WaterRescurces
ENVIRONMENTAL QUALITY
March 31, 2016
Mayor William N Hughes
Murphy City Hall
5 Wofford St.
Murphy, NC 28906
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0155
Cherokee County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Valley River Bank Stabilization
Dear Mr. Hughes:
You have our approval for the impacts listed below for the purpose described in your application
dated February 11, 2016, and received by the Division of Water Resources (Division) on
February 17, 2016. 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 13 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)]
State of North Carolina I Environmental Quality ! Water Resources
2090 U.S. Hwy. 70 1 Swannanoa, Korth Carolina 28778
828 296 4500

Valley River Stream Stabilization
DWR# 16-0155
441 Approva I
Page 2 of 3
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream Impact
Impact S1 120 (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)]
3. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) continent letter dated March 2, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
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 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 http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 [phone], 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

Valley River Stream Stabilization
DWR# 16-0155
441 Approval
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Tim Fox at 828-296-4664 or
tim.foxgncdelir.gov 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
NCWRC letter dated March 2, 2016
cc; John Vilas — McGill Associates (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie -- NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
DWR ARO 401 files
DWR 401 and Buffer Perinifting Unit (via email)
G:1WR1WQ1Cherokee1401 s\Non-DOT1Valley River Bank StabilizationlAPRVL.401 ValleyRiverBankStabilization3-31-16.docx

Fox, Tim
From: Leslie, Andrea J
Sent: Wednesday, March 02, 2016 5:19 PM
To: Brown, David W SAW .
Cc: john vilas ([e-mail]); Fox, Tim
Subject: Valley River Stream Stabilization
Hi David, -
I have reviewed. the information sent to me on the Valley River Bank Stabilization project in Cherokee County,
which is an after -the -fact permit application to stabilize 120 feet of streaxnbank'on. the Valley River in. order to
protect a sewer line in Murphy.
The Valley River at this location is part of the Valley River Aquatic Habitat, a .natural area rated High due to
the richness of rare species it contains. In the vicinity of -the project, there are Sicklefin Redhorse (Moxostoma
sp., US Candidate, NC Threatened), Christy's Elimia [Elinda christyi, US Federal Species of Concern (FSC), NC
Endangered], Rainbow [Villosa iris, NC Special Concern (SC)], Wavyrayed Lampmussel (Lampsilis fasciola, NC
SC), Longsohd [1'uscortaia subrotunda, US FSC, NC Significantly Rare (SR)], and Highland Shiner (Notropis
mrcropteryx, NC SR).
We appreciate the retention of bank vegetation and encourage the Town to plant additional native shrubs and
trees wherever possible on the river banks. We also urge thein to consider using bioengineering methods for
any future bank stabilization on the Valley River.
Thank you for the opportunity to review and comment on this project. Please contact me if YOU have any
questions about these comments or need further assistance.
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
20830 Great Smoky Mountain. Expressway
Waynesville, NC 28786
828-558-6011; 828-4.00-4223 (cell.)
www.ncwildlife.org
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
l rna.il correspondence to aqui from thitq sender is.subject to the N.C. Public Records Lass: anti twty be disclosed to third pa.rtics.

Water Quality. Certification No. 3885
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
40.1, 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 .0.500 and. 15A NCAC 026 .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 the specified category of activity will not violate
applicable portions of Sections 309, 302, 303, 306 and 307 of tine Public Laws 92-500 and
95-217 if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following thresholds or circurnstances..require wrlften
approval for a 441 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 ofthe 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 steearobank; 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
dj tar►k'BtaEilizatiitt`projec#s giialifjriiig for Nationwide Permit 13 for eroslon protection' ... ....
Which utilize natural strearnbank 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 (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 impactsto 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 tune 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)
delegafion for`°ALLOWABLE" activities.
In accordance with North, Carolfna 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 +•
LAMA Permit, then one payment to both agencies shall be submitted and will be the higher, of the
two fees.
Water Quality Certification No. 3885.

Water Quality Certification No. 3885
Activities included in this General Certification that do not meet one of the thresholds 3
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 (RGL02-:02) and. x
the Stream Mitigation Guidelines .(April 2003) or any subsequent updates to 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 E
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, opeiatlon, and maintenance of
sediment acid erosion control Hest Management Practices.shall be performed so that no
violations of state water quality standards, statutes, or rules occur: Approved plans and 1
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 the. NPDES Construction Stormwater Permit* issued to the site.,
i
a. Design, installation, operation, and maintenance of the sediment and erosion control
measure's must be such that they equal of exceed the requirements specified in the most
........ .............. ..........._.....
recent version of fhe North Carolina Sediment and Eriisioh Carr#rol Manual. 'Che 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.
ti. 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. �
c. 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:stormwoter routing and treatment shall be onsite at all times.
i
e. if the project occurs in waters or watersheds classified as Primary NurseryAreas (FNAs),
$A, WS -I, WS -Il, High Qualify (HQW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control. designs must comply with the requirements set forth
in 16A NCAC 04B .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 placernent of .sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosioncontrol measures shall not be.
conducted in a manner that may result Indis�equitibrium of Wetland 6, 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 PermitNC.GO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one .(1) or more acres of land. This Permit allows stormwater to 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 cgnditii,rls including the erosion &
sedimentation control plan, inspections and maintenance; selfmonitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCGQ.10000);
inspection log. sheets, and other information may be found at
ft :fl ortal.ncdenr..or lweblw 7ws/s /n dessw#tab
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.
6., Construction Moratoriums and Coordination
If activities must occur during periods of high bialo&.al.activity (I.e. sea 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.
......c.Qnstru qn..activitiesestablisfedbythe,NC,Wildlife,Resources
„
Commission (WRC), US Fish and Wildlife Service (USFWS);. NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anedromous-
fish, larvallpost-larval fishes and crustaceans, or other aquatic.. species of concern shall be
implemented. Exceptions to this condition require:written approval by the resource agency
responsible for the given moratorium.
1Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated withthe appropriate WRC,
USFWS, NMFS,.andfor DMF personnel.
7. 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 Ouailty 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,.025D, .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 concrete is used during. the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concreto 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 a.nd possible aquatic lifer fish kills.
1:0. Ali.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 crass sectional dimensions>. planYo.. 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.
1.1. 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 re.quired.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 *eyed 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 a 9190 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.16 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 top of of
streams. Any fertilizer application must comply with al I 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) m.ust meet all the specific conditions for design
and construction specified in 15A NCAC 07H .14.05.
Water Quality Certification No. 3886 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)
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 "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 writtenapproval 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 SBPA), than this General Certification is.hot 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.
% This.General Certification does not relieve the applicant of the responslbiiityto obtain all other
required. Federal, State, or Local approvals.
20. The applicant/permittee and their authorized agents shall conduct all activities Iin a manner
„ .... . consistent with State, water quality standards, (,includ.ing any requirements resulting „from
compliance with §303(d) of the Clean Water Act), and any other appropriate. requirements of
State and Federal Law. if the Division determines that such standards. or laws are not being
met;. including fai:iure to sustain aAasignated 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, 27699-16.50,
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. Tile conditions in effect on the date
of issuance of Certification for 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 Woter 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.projeot 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
NA
M ' 4
Charles Wakitd, P.E.
Director
History Note: Water Qualify Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3688 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 Regional General Permits andlarwhen deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 8885 6

WaterResources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
County:
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:
Agent's Certification
Date:
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
I, , 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 materials.
Signature: Registration No.
Date
State of North Carolina I Environmental Quality j Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000