HomeMy WebLinkAbout20160230 Ver 1_Approval Letter_20160331WaterResources
ENVIRONMENTAL QUALITY
March 31, 2016
Biltmore Lake Association, Inc.
Attn: Bill McMannis
80 Lake Drive
Candler, NC 28715
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
seererury
S. JAY ZIMMERMAN
Dlrecror
DWR # 16-0230
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Enka Lake Dredging
Dear Mr. McMannis:
You have our approval for the impacts listed below for the purpose described in your application
dated February 25, 2016, and received by the Division of Water Resources (Division) on March
4, 2016. These impacts are covered by the attached Water Quality General Certification Number
3893 and the additional conditions listed below. This certification is associated with the use of
Nationwide Permit Number 33 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, General Permit and/or Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Water
Impact 01 0.99 (acres)
State of North Carolina I Environmental Quality j Water Resources
2090 US Hwy 70 1 Swannanoa, North Carolina 28778
828 296-4500
Enka Lake. Dredging
DWR# 16-0230
401 APPROVAL
Page 2 of 4
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. 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]
4. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
The turbidity standard of 25 Nephelometric Turbidity Units (NTUs) shall not be
exceeded in the lake as described in 15A NCAC 02B .0211. The turbidity standard of 50
NTUs shall not be exceeded in the receiving stream as described in 15A NCAC 02B
.0211. Appropriate sediment and erosion control practices must be used to meet this
standard. [15A NCAC 02B .0200]
6. The receiving stream (Bill Moore Creek) shall be monitored for turbidity and
sedimentation throughout the duration of the project. If water quality standards are
contravened, the dredging activities shall be stopped immediately and the applicant shall
contact Zan Price with the Division at 828-296-4662. [15A NCAC 02B .0200]
7. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources commission (NC)WRC) email dated March 15, 2016 (attached) [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 (919) 431-3000 for information. A petition is considered fled when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH
Enka Cake Dredging
DWR# 16-0230
401APPROVAL
Page 3 of 4
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
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 Zan Price at 828-296-4662 or
zan.price a,ncdenr.jzoy- if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., R�egion�alSup�ervisbr
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3893
Certificate of Completion
WRC letter dated: 3/15/2016
Enka lake Dredging
DWR# 16-0230
401 APPROVAL
Page 4 of 4
cc: Wyatt Edsel — Altamont Environmental, Inc. (via email)
William Elliott — USACE Asheville Regulatory Field Office (via email)
Doug Sharp - Buncombe County Erosion Control (via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit .
G:\WR\WQ\Buncombe\401s\G:\WR\WQ\Buncombe\401s\Non-DOT\Enka Lake Dredging.doc
Water Quality Certification No. 3893
Water Quality Certification Number .3893 is issued in conformity with the requirements of Section
401, Public Lavas 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 15A NCAC 02H .05.00 and 15A NCAC 02B.0200 for the
discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A (B)
(33) 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 301, 302, 303, 300 and 307 of the 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 circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division");
a. Any stream relocation; or
b.. 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
c. 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 143-215.30(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.
Activities included in this General Certification that.do not meet one of the thresholds
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. 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
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, 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., Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this "
permit. _....
Water Quality Certification No. 3893
Water Quality Certification No. 3893
2. 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: -_
a. 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 end 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.
b. 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 stormwater routing and treatment shall be on site at all times.
e. if the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
SA, WS -I, WS -ll, High Quality (.HQW), or. Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with the: requirements set forth
in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
3. 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 placement of.sediment and erosion. c. ontrol..devices.in wetlands and.waters.is........ .... .......... ... ........... . .... . . .
unavoidable, then design and placement of ternporary erosion control measures shalt not be
conducted. in a manner that may result in dis-equilibrium .of.wetlands, 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.
4. Construction Stormwater Permit NCGO10000
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 conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000).
inspection log sheets, and other information may be found at
httg:nt)orial,ncdenr„org/web/watws/su/nRdessw#tab-w. .
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.
Water Quality Certification No. 3893 2
Water Quality Certification No. 3893
5. Construction Moratoriums and Coordination
If activities must.occur during periods of high biological 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.
All moratoriums on construction activities established by the 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, anadromous
fish, larval/post-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.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species.habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel,
B. 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 NC 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.
7.. 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 02.8,0233,.025 9,
.........................0243,..0250,.; 0267.and...0605,,_and.shall be located, designed, constructed, and maintained
to have minimal disturbance to protect water quality to the maAmurn extent practicable
through the use of best management practices. All buffer rule requirements, including diffuse
flow requirements, must be met.
8. If concrete 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 aquatfc life/ fish kills.
9. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means (grassed swales, pre-
formed scour holes, vegetated buffers, etc.) before entering the stream. Please refer to the
most current version of Stormwater Best Management Practices. Exceptions to this condition
require written approval by the Division.
10. Placement of culverts and other structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert.
Water Quality Certification. No. 3893
Water duality Certification No. 3893
Placement of culverts and other structures in waters and streams must be below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 24 percent of the culvert diameter for culverts.having a diameter less than or equal to 48
inches, to allow low flow passage of water and aquatic life.
When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not
required, provided that.all. alternative options for flattening the slope have been investigated
and aquatic life movement/ connectivity has been provided when possible (rock ladders,
crossvanes, etc). Notification to the Division including supporting documentation to include a
location map of the culvert, culvert profile drawings, and slope calculations shall be provided
to the Division 60 days prior to. the installation of the culvert.
When bedrock is present in culvert locations, culvert burial isnot required provided that there
is sufficient documentation of the presence of bedrock. Notification to the Division including
supporting documentation such as, but not limited to, a location map of the culvert,
geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60
days prior to the installation of the culvert. If bedrock is discovered during construction, then
the Division shall be notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application submittal
to, and written approval by, the Division of Water Quality, regardless of the total impacts to
streams or wetlands from the project,
Installation of culverts in wetlands must ensure continuity of water movement;and be
designed to adequately accommodate high water or flood conditions. Additionally, when
to causeways, or other fill. projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques..must.be,.used;.wh.ere.practicable. inste.ad.of riprap.or.other bank hardening .. ...................
methods.
11. 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 lases,
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 a
mitigation bank. In these cases, proof of payment shall be provided to the Division before
any impacts occur on site.
Water Quality Certification No. 3893
Water Quality Certification No. 3893
12, Relocated stream designs. should include the same dimensions, patterns, and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be .constructed in the dry and water shalt
not be turned into the new channel until the banks are, stabilized. Vegetation used for bank
:stabilization shall be limited to native woody species, and should include establishment of a
30 -foot wide wooded and an adjacent 20 -foot wide vegetated buffer on both sides of the
relocated channel to the maximum extent practical. A transitional phase incorporating
appropriate erosion control matting materials and seedling establishment is allowable,
however matting that incorporates plastic mesh and/or plastic twine shall not be used in
wetlands, riparian buffers or floodplains as recommended by the iJo.rth Carolina Sediment
.and Erosion Control Manual. Rip -rap, A -Jacks, concrete, gabions or other hard structures
may be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined In the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length may be used
as compensatory mitigation for the impacts resulting from the relocation.
13. 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 -66
approved maintenance areas) and restored to prevent erosion.
14. Pipes shall be installed under the road or causeway in all streams to carry at least the 25
year storm event.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 during use of this General Certification.
15. If an environmental document is required under the National or State Environmental Policy
Act ({NEPA or SEPA), then this General Certification is hot valid until a Finding of No
„Significant Impact (FQNSI) or Record of Decision (ROD) is issued by the Stats
Clearinghouse.
. ........
16. In .the twenty (20),coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
17. This General Certification does not relieve the applicant of the responsibility to obtain all. other
required f=ederal, State, or local approvals.
18, The applicant/permittee and their:authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(4) of the Clean Water Act), and any other appropriate requirements of
State and f=ederal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated 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.
19• 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, 27699-1.650.
Water Quality Certification No. 3893
Water Quality Certification No. 3893
20. 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.
21. 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.
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 3893 issued. March 19, 2012 replaces
WQC Number 3688 issued November 1, 2007; WQC Number 3634 issued March 19, 2007; WQC
Number 3366 issued March 18, 2002 WQC Number 3114 issued February 11, 9997; and WQC
Number 2727 issued May 1, 1992. This General Certification is rescinded when. the Corps of
Engineers reauthorizes any of the corresponding Nationwide andlor Regional General Permits or
when deemed appropriate by the Director of the Division of Water Quality.
Water Quality Certification No: 3893 6
WaterResources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant: —
Project Name:
PAT MCCRORY
Guvemor
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
lr , 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
1, , 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 Certfed Professional
Ir , 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:
Date
Registration No.
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh. North Carolina 27699.1611
919 707 9000
Mitchell, Robert K
From:
Leslie, Andrea J
Sent:
Tuesday, March 15, 2016 8:56 AM
To:
Elliott, William A SAW
Cc:
Price, Zan (George); Wyatt Edsel
Subject:
Enka Lake Dredging - NCWRC comments
Dear William,
1 have reviewed the materials sent to on the Enka Lake Dredging project on Bill Moore Creek in Buncombe
County, which. proposes to dredge two coves of the lake by lowering the lake approximately 7 feet with a
suction dredge, excavating sediments with a long arm excavator, and hauling sediments off-site. 1 spoke with
Wyatt Edsel on 3/15/2016, who stated that downstream flows will be maintained during lake refill with the
suction. dredge,
Project activities should not impact trout and do not meed to be avoided during the trout moratorium.
We offer the following recomin•endation to minimize .impacts to aquatic resources:
• Flows must be maintained in. Bill Moore Creek downstream of the project. A rninimum of 50%3 of the
instream flow should be maintained in the downstream channel during project activities.
Thank you. for the o:pportuni.ty to review and. comment on this project. Please contact me if you have any
questions about these comments or need further assistance.
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, .NC 28786
828-558-6011; 828-400-4223 (cell)
www.ncwildlife.orZ
Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.
Enuid cox•respondence to and from this sender is subject to the N.C. Public Records Lay., and inay Lig disclosed to third parties.