20080238 Ver 1_Approval Letter_20080410

~~F W A rFRQ Michael F. Easley, Governor
~~ G ~ ~~``~,~'~ William G. Ross Jr., Secretary
~ y ~ ;'' \ E C.~
..,, r- ~ r~ ` ~ ~ 1 North Carolina Department of Environment and Natural Resources
~. --1 ~`~ - - `... __~.~
~ ~ ~ Coleen H. Sullins, Director
"~, '~.- Division of Water Quality
`'?fir,. ~ ,, .
April 10, 2008
DWQ Project # 08-0238
Avery County
John Preyer
Restoration Systems, LLC
1101 Hayes Street
Suite 211
Raleigh, NC 27604
Guy Pearce
North Carolina Ecosystem Enhance Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Subject Property: Three Mile Creek Restoration Site
(D06125-A)
Approval of 401 Water Quality Certification with Additional .Conditions
Dear Mr. Preyer and Pearce:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.50 acres of wetlands and .6,128 linear
feet of streams for the: purpose. of stream restoration at the subject properties, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on February 4, 2008.. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689).
The Certification(s) allows you to use Nationwide Permit(s) 27 when issued by the US
Army Corps of Engineers (USAGE). 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 the approval here, 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.
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]ntemet: htto:/lh2o.enr.state.nc.us/ncwetlands
~~E
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Three Mile Creek Restoration Site
Page 2 of 6
April 10, 2008
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:
Amount Approved
Units) Plan Location or Reference
Three Mile Creek 3,552 linear feet Three Mile Creek
Three Mile Creek 505 linear feet Three Mile Creek
Trib 1 172 (linear feet) UT1 to Three Mile Creek
Trib 2 133 linear feet UT2 to Three Mile Creek
Trib 3 252 linear feet UT3 to Three Mile Creek
Trib 4 136 linear feet UT4 to Three Mile Creek
Trib 5 150 linear feet UT5 to Three Mile Creek
Trib 6A 124 linear feet UT6A to Three Mile Creek
Trib 6B 125 linear feet UT6B to Three Mile Creek
Trib 7 146 (linear feet UT7 to Three Mile Creek
Trib 8 761 linear feet UT8 to Three Mile Creek
Trib 11 72 linear feet UT11 to Three Mile Creek
6A at Trib 2 0.50 acrea Wetland at Trib 2
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.

Three Mile Creek Restoration Site
Page 3 of 6
April 10, 2008
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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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/VVetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
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 in place with staples,
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.
7. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
placed behind large rock that is used for bank stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.

Three Mile Creek Restoration Site
Page 4 of 6
April 10, 2008
8. The channel should be restored to a more stable condition. However, under no
circumstances should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural
and more stable stream channel dimensions. Stream bed materials are unstable
in flowing-water situations and are unsuitable for bank stabilization. In stream
dredging has catastrophic effects on aquatic life and disturbance of the natural form
of the stream channel can cause downstream erosion problems. The natural
dimension, pattern, and profile of the stream upstream and downstream of the
permitted area should not be modified by widening the stream channel or changing
its depth.
9. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream 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 stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
10. Repairs to eroded banks should be conducted in a dry work area where possible.
Sandbags or other clean diversion structures should be used where possible to
minimize excavation in flowing water. Channel realignments should be constructed
by excavating the new channel from downstream to upstream before connecting it to
the old channel.
11. 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.
12. Disturbed stream banks and a 30-foot vegetated zone, or the widest width that is
practical under the site conditions, .should be restored where possible along the
construction sites to natural riparian conditions with native trees and shrubs (e.g.,
silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes collected
during the dormant growing season. Cuttings should be randomly planted on four
(4) foot centers from the waters edge to the top of the bank. Trees should be planted
on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be
seeded with a native annual and perennial seed mix with a temporary nursery crop
of wheat, millet or other grain.
13. 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.

Three Mile Creek Restoration Site
Page 5 of 6
April 10, 2008
14. Riparian Zone Replanting
Replanting of vegetation within areas lacking woody vegetation located within 25
feet of the streambank must be done in a manner consistent with the Guidelines
for Riparian Buffer Restoration immediately following construction. (Please
see attached.)
17.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.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
19. Proposed Wetland Hydrology
You are proposing to restore riverine wetlands -both bottomland hardwood forest
& alluvial forest. The proposed. success criteria are 5-12.5% hydrology. Based
upon available published data and published success criteria, we would expect
higher percentages in riverine systems, such as a minimum of 12.5% continual
saturation/inundation during the growing season. Since there is a significant
elevation change across the site, it may be appropriate to have different criteria
for different landscape positions. (i.e. lower % target: at higher elevations - it could
be a minimum of 5-8% at the highest elevations).. Comparison with a reference
site, as .proposed, is appropriate during abnormal climatic conditions, and will
prove most useful if reference-wells are placed at the various elevations that
would be comparable to the different landscape positions on the project site. You
need to provide new success criteria based .upon this criteria and propose
monitoring which shows that the restored wetland achieves this criteria.
You must supply a vegetative contingency including supplemental planting if site
conditions warrant it, not just if the average density in monitoring plots falls below
success criteria. Aerial photos show that the wetland slated for enhancement in
the NE part of the project is already forested. Explanation must be provided for
why this area needs to be enhanced.
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.

Three Mile Creek Restoration Site
Page 6 of 6
April 10, 2008
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 1506 of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding 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,
~-
~~--~oleen H. Sullins, Director
Division of Water Quality
CHS/khb
Enclosures: GC 3689
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
David McHenry, NC Wildlife Resources Commission
DLR Asheville Regional Office
File Copy
Central Files
Filename: 08-0238.ThreeMileCreekRestoration.Approval