20160740 Ver 1_Approval Letter_20160909

Water Resources
ENVIRONMENTAL QUALITY
September 9, 2016
Carolina Mountain Land Conservancy
Attn: Kieran Roe
847 Case Street
PAT MCCRORY
covemor
DONALD R. VAN DER VAART
Secretory
S. JAY ZIMMERMAN
D,,.,
D W R # 16-0740
Henderson County
Hendersonville, NC 28792
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Rush Mountain Stream Restoration
Dear Mr. Roe:
You have our approval for the impacts listed below for the purpose described in your
application dated July 26, 2016, and received by the Division of Water Resources (Division) on
July 28, 2016, with additional information received September 6, 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 27 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)]
SrnteofNoNhC=1inn I Envimnmeutel QuOttyl WAI,r Resolnces
2090 U S. Hwy. 70 I B,,.l n, NaA C.IILV 28778
828 296 4500

Rush Mountain Stream Restoration
DWR# 16-0740
401 Approval
Page 2 of 3
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
136 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 designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)1
4. Water shall not be released into any new channels until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
5. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, streambanks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]
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 1508 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:OOam and S:OOpm, excluding official
state holidays).

Rush Mountain Stream Restoration
DWR# 16-0740
401Approval
Page 3 of 3
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
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 Andrew Moore at 828-296-4684 or
[e-mail] 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
cc: Jacob McLean — Wildlands Engineering, Inc. (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 Permitting Unit (via email)
G:\WR\WQ\Henderson\401s\Non-DOT\Rush Mountain Stream Restoration\APRVL, Rush MountainStream Restoration.9-9-2016.dooa

Water Quality Certification No. 3885
GENERAL CERTIFICATION .FOR STREAM RESTORATION ENHANCEMENTAND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION. AND
CREATION ACTIVITIES INCLUDING THOSEELIGIBLE FOR U S ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND
27 (WETLAND AND RIPARIAN RESTORATION AND CREATION);
AND REGIONAL'. PERMIT 197800080 (BULKHEADS AND RIPRAP)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
401, Public Laws 92-600 and 95-217 of the United States and subject to. the North Carolina
Division of Water Quality Regulations. in 15A NCAC 02H 0500 and 15A NCAC 028 0200 for the
discharged 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. 301, 302, 303, 308 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
"Divfslon" ):
a) All proposed fill or modification of wetlands and/or waters, including streams and
streampanks, regardless of the purposeof the 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 streambank; or
b) Any stream relocation; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non-naturalarmoringsuch as riprap, gabion baskets, deflection walls etc of
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet ofstreamllank 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), DWO: Surface. Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B .0200);: or
f) Any impacts to streams andlor buffersin. 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 Rulesl 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 143-215.313(e), written approval for a 401
Water Quality General Certification must include the appropriate fee.. If a project also requires
CAMA 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 Includedin this General Certification that do not meet oneof 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, Activities shall: meet the definitions, design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter(RGL02-A2) and
the Stream Mitigation Guidelines (April 2003) or any subsequent updates do these
documents,
2. No. Impacts Beyond those Authorized in the. Written Approval or Beyond the Threshold of Use.
of this Certification
Spoil, solids, or fill of
E footprint of the m pE.
in the written approv
as
areas
s Certification without written authorization, including incidental Impacts. All
on activities Including the design, Installahon operation and maintenance of
and erosion control Best Management Practices shall be performed so that no
by reference and are enforceable parts of this
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 thesite:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they eeual or exceed the requirements specified in the r
Instruction sites, borrow sites, and waste pile (spoil) projects,
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 -II High Quality (HOW), or Outstanding Resource (QRW) waters, then the
sedimentation and erosion control designs must comply with the requirements set forth
in 15A NCAC 048 .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 placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result In dis-equlllbrtum 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 df Land Resources (DLR) or locally delegated program has released
the specific area within the project.
5. Construction StormwaterPermit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acresof land. This Permit allows starmwater to be discharged during tend
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
htto�//oortal ncdenr org/web/wittws/su/npdessw#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.
6. Construction Moratoriums and Coordination
If activities must occur duringperiods 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.
BlimoratofiUms gq consttuctlon activities established by the NC Wildlife Resources
Commission (WRC) US Fish end Wildlife Service (USFWS); NC Division of Marine Fisheries
(DMF) or National Marine Fisheries Service (NMPS) to lessen impacts on trout, anadromous
fish, larval/post+larval fishes. and crustaceans, or other aquatic species of concern shall be
implemented. Exceptionsto 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 withthe appropriate WRC,
USFWS, NMFS,. and/or DMF personnel.
7. Work in the Dry
All work in or adjacent to stream waters shall be conducted sothat the flowing stream does
not come in contact with the disturbed area. Approved best management. practicesfrom 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.
Water Quality 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 Creak Watersheds (or any other basin or watershed with buffer rules) shall be limited
to "uses" identified. within and constructed in accordance with 15A NCAA 028:0233, .0259,.
.0243 0250, .0267 and 0505, 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 isused 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 t0 the potential for elevatedpH and possible aquatic life/ fish kills.:
10. 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 originalgrade, including. each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bedprofile,.
and the various sites shall be stabilized with natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
11. 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 flaw
or cause dis-equilibrium during use of this General Certification.
12. Any riprap requiredfor proper culvert placement, stream stabilization, or restoration of
temporarilydisturbed areas shall be restricted to the areadirectly impacted by the approved
construction activity. All rip -rap shall buried and/or' "keyed 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 (fie stream bed or banks
upstream or downstream of the area
13. Any rip -rap used forstream stabilization shall be of a size and density $o as not to be able to
be carried off by wave, currentaction, 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 to ensure structural integrity of bank
stabilization. measures.
14. A one-time application of fertilizer to re: -establish vegetation isallowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other rederal, State and Local
regulations.
15. Applications for riprap groins proposed in accordance with 15A NCAC 07H.1401 INC
Division of Coastal Management General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified In 15A: NCAC 07H.1405.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02H .0606(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 berequired 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.
Adetermination of buffer, wetland, and streammitigation requirements shall bemade 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. Themitigationplan must be implemented and/or constructed before any impacts
occur on site. Alternatively, the Division willaccept 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 SEPA) then this General Certification Is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
16. In the twenty (20) coastal counties, the appropriate DWO Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
19.. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. The applicentlpermittee and their authorized agents shall conduct all activities in a. manner
consistent with State water ualily standards (including any requirements resulting from
compliance with §303(d) of Te 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 failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions arenecessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
21. When written authorization is required for useof this certification, upon completion of all
permitted impacts included within the approval andany 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, 27699-1650.
22. Additional site-specific conditions, Including monitoring and/or modelingrequirements, 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 The 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 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 significant adverse effect upon water quality, Including stateor
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 bestinterest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER QUALITY
By
7'1,-M 410�1'
Charles Wakild, P. E,
Director
History. Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2092 replaces
WQC Number 3689 issued November 1, 2007; WRC 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 and/or when deemed appropriate by
the Director of the Division: of Water Quality.
Water Quality Certification No. 3885

K
Water -Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water
County:
Certificate of Completion
PAT MCCRORY
Go—
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
D,—.,
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 Certliication
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation ofthe 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:
Agent's Certification
I, , hereby state that to the best of my abilities, due care and
observation of the const
diligence was used in the ruction 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:
Ifthis 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 Penn itee 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.
Signal=: Registration No.
Date
Snm oMoM CoAhTa I Envtrmunentel Quality I Waar Recowces
1611 Mail aemce Canler I Reingk NoM Cuo6ua 27699-1611
'919707%DO