20071702 Ver 1_Approval Letter_20071206

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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
December 6, 2007
Barry and Paula Jones
Post Office Box 1088
Highlands, NC 28741
DWQ Project # 07-1702
- -- -- --- - - -- - --Transylvania County -
Subject Property: Jones Frog Pond
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Jones:
You have our approval, in accordance with the attached conditions and those listed
below, to temporarily divert streams and drain Frog Pond for the purpose of sediment
removal at the subject property, as described within your application received by the
N.C. Division of Water Quality (DWQ) on October 29, 2007. After reviewing your
application, we have decided these impacts are covered by General Water Quality
Certification Number(s) 3688 (GC3688). The Certification (s) allows you to use
Nationwide Permit(s) 33 when issued by the US Army Corps of Engineers (USACE). 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 that you described in your application. If you change
your project beyond this approval, 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:
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:
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] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
4w;? Lf L i? d
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Jones Frog Pond
Page 2 of 6
December 6, 2007
Amount
Approved (Units) Plan Location or Reference
S-1 615 linear feet Temporary relocation
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.
4. 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.
5. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
Jones Frog Pond
Page 3 of 6
December 6, 2007
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 n_place-with stap_les,
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.
6. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable 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 bank cover for aquatic life and wildlife. Berms
should not be constructed because they block the floodplain, constrict and
accelerate flood flows, and often fail and sometimes impede drainage during large
flood events.
7. 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. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
8. 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.
9. Turbidity Standard
The turbidity standard of 10 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. Continuous
reading and recording turbidi-meters shall be installed above and below the
diversion. Should the 10 ntu limit be exceeded, all work shall immediately cease,
the Asheville Regional Office of the Division of Water Quality contacted by phone
at 828-296-4500, and appropriate stabilization measures implemented prior to
returning to work.
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.
Jones Frog Pond
Page 4 of 6
December 6, 2007
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.-'27G9S--671? Tfiis ce ification and- its conditions are ffna[ and-b naing unless you
ask for a hearing.
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 Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
L Coleen H. Sullins, Director
Division of Water Quality
C H S/khb
Enclosures: GC 3688
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Pam Boaze
Fish and Wildlife Associates, Inc.
Post Office Box 241
Whittier, NC 28789
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-1702.JonesFrogPond.Approval