20160789 Ver 1_Approval Letter_20160913

NCO
Water Resources
ENVIRONMENTAL QUALITY
September 13, 2016
Raymond McClinton
108 Big Springs Road
Asheville, NC 28804
Mike Lavoy
34 Big Bear Trail
Asheville, NC 28805
PAT MCCRORY
G,,,. -
DONALD
,,,. .
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
DLY.
DWR # 16-0789
Buncombe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Village Park Stream Re -alignment
Dear Mr. McClinton and Mr. Lavoy:
You have our approval for the impacts listed below for the purpose described in your application
dated July 1, 2016, and received by the Division of Water Resources (Division) on August 16,
2016, with additional information provided on September 11, 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)]
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Village Park Stream Re -alignment
DWRk 16-0789
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact Sl
38 (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 designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
4. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H.0506 (b)(3) and (c)(3) and 15A NCAC 02B.0211(12)]
5. 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 permittee/contractor shall immediately contact the
Division of Water Resources, 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 [phone].
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.0211(12), and GS 143 Article 21A]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
7. 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, stream banks, 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)]

Village Park Stream Re -alignment
DWR4 16-0789
401 Approval
Page 3 of 4
8. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 0211.0506 (b)(2) and (c)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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 httn://www.ncoah.corn/ 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).
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
Ifsending 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

Village Park Stream Re -alignment
DWR# 16-0789
401 Approval
Page 4 of 4
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 Kevin Mitchell at 828-296-4650 or
[e-mail] if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regiona��or
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: William Elliott — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Jan Gay—Consultant (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G\WR\WQ\13unwmb.A0leWon-D0T\Village Park Re-alignment\HPRVL.401 Village Park Re -alignment 9.13.16 ..

Water Quality Certification No. 3885
GENERAL CERTIFICATION'. FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION. AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR U.S ARMY CORPS OF
ENGINEERS NATIONWIDE PERMIT NUMBER513 (BANK STABILIZATIONI AND
27 (WETLAND AND RIPARIAN=RESTORATIONAND 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 Lam 92-500. and 95-217 of the. United States and subject to the North Carolina
Division of Water Quality Regulations. in 16A NCAC 02H 0500 and 15A NCAC 02B.0200 for the
discharge of fill material to waters: asdescribed 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, 306 and 307 of the Public Laws 92.500 and
96.217 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) All proposed'fill or modification of wetlands and/or waters, including streams and
streambanks, 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 -natural armoring such as riprap, gabion'baskets, deflection walls etc of
areater than 150 feet In streambank lenoth; or
which utilize natural streambank 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 violations)
of DWQ Wetland Rules (15A NCAC 02H ,0500), Isolated Welland Rules (15A NCAC 02H.
.1300), OWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC
02B.0200); or
f) 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 mustinclude the appropriate fee. If aproject 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 Included In this General Certification that do not. meet one of the thresholds
listed above do not require written approval from the Division ae 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 $hail meet the definitions design, and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Letter (501,02-02) and
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 st
beyond the footprint of the impacts depicts
authorized In the written approval from the
state
3. Standard Erosion and Sediment Control Practices
in wetlands, waters, or riparian areas
°re -Construction Notification, as
or beyond the thresholds established for
i, including incidental impacts. All
tion, operation, and maintenance of
actices shall be performed so that no
or rules occur. Approved plans and
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
shall bemaintained 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 Manuel
Q. Reclamation measuresand implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Art 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.
a. If the project occurs in waters or watersheds classified as Primary Nursery Areas.(PNAs),
SA WS4, WS -Il, High Qualify (HOW), or Outstanding Resource (ORW) waters, then the
sedimentation and erosion control designs must comply with therequirements 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 thiscondition 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-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 (z) 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 Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwaterto 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. Acopy of the general permit .(NCG010000),
inspection log sheets, and other information maybe found at
httpYlportalncdenroralwablwafws/su/npdesswptab•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.
Commission (WRC) US Fish and Wildlife Service (USFWS), NC Division oftvladne 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 threatenedspecies habitat shall be coordinated withthe appropriate WRC,
USFWS, NMFS,,andlor 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 NO 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
5, 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, .0258,.
.0243 0250, .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 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 concreteshall not be discharged to waters of the state
due to the potential for elevated pH andpossible aquatic life/ fish kills.
10. All temporary fill and culverts shall be removed and theimpacted 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 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 notto restrict stream flow
or cause dis-equilibrium during use of this General Certification.
12. Any riprap required 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 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 the stream bed or banks
_ upstream or downstream of the area
1.3. Any rip -rap used for stream stabilization shall be of assize 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 to ensurestructural 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 rest Toted to no closer than 10feet from top of bank of
streams Any fertilizer application must comply with all other Federal, State and Local
regulations.
15. Applications for riprapgroins 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 .0506(h), compensatory mitigation maybe 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 Divisionfor writtenapproval as required in those
protocols. The mitigation. plan must be implemented and/or constructed before any impacts
occur onsite. Alternatively, the Division willaccept payment into an in -lieu feeprogram or a.
mitigation bank. Inthese cases, proof of payment shall be provided to the Division before
any impacts occur on site.
17. If an environmental document isrequired under the National or State Environmental Policy
Act (NEPA or SEPA),then this General Certification is not valid until 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..
19. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. 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-(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 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.
21. When written authorization is required for use of this certification, uponcompletion 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, 27699-1660.
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 allapplicable 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 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 bya 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 projectin 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 sothat existing
uses of the wetland or downstream waters are. precluded.
Public hearings may be held for specific applications or group of'.applications prior to
Certification decision if deemed in the public's bestinterest by the Director of the North Carolina
Division of Water Quality.
Effective date: Mamh 19, 2012
DIVISION OF WATER. QUALITY
By
Charles. Wakild, P.E.
Director
History Note: Water Qualify Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 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 andlor Regional General Permits and/or when deemed appropriate by
the Director of the Division of Water Quality.
Water Quality Certification No. 3885

NIC -0
Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
G --r
DONALD R. VAN DER VAART
s'—I'L
S. JAY ZIMMERMAN
Olmabr
WR Project No.: County:
Applicant: _
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification inapplicable 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 rearmed 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
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
Agent'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: Date
/f this project was designed by a Certified Professional
1, 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 Pe raitee 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.
Sre¢ ofNOM C-1— 12votro—.W Quality I Wale, aeeo
1611 Ned, -1c CI,nw I s.16Ia, North CIA.1-27699-1611
9197079600