20080530 Ver 1_Approval Letter_20080415

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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
April 15, 2008
Bonnie C. Evans
70 Lake Villas Way, #91
Highlands, North Carolina 28741
Subject Property: Evans Pond Clean Out
DWQ Project # 08-0530
Macon County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Evans:
You have our approval, in accordance with the attached conditions and those listed below,
to temporarily divert streams and drain the impoundment on your property and impact
--150 linear feet of stream for the purpose of sediment removal at the subject .pond, as
described within your application received by the N.C. Division of Water Quality (DWQ) on
March 25, 2008. After reviewing your application, we have decided these impacts .are
covered by General Water Quality Certification .Number(s) 3687 (GC3687). -The
Certification(s) allows you to use Nationwide Permit(s) 3 and / or 19 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,
Water Supply 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: No°hCarolina
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North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\W PDATA\DEMW Q\Macon\401 s\08-0530. EvansPondCleanout.Approval.doc
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Evans Pond Cleanout
Page 2 of 5
April 15, 2008
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
Stream 1 Approx. 75 linear feet Tempora relocation
Stream 2 Approx. 75 linear feet Tempora 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/V1letlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-
1650.

Evans Pond Cleanout
Page 3 of 5
April 15, 2008
5. Sediment and erosion control measures must be implemented prior to
construction and maintained on the site 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.
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 channeLrnust 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 26..0200. Appropriate sediment and erosion
control practices must be used to meet this standard. .
10.Trout Moratorium
The stream is a Class WS-III, Trout Waters. In order to protect downstream uses
for Trout classified waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October 15
through April 15.

11. Water Release Structure
Evans Pond Cleanout
Page 4 of 5
April 15, 2008
To minimize temperature elevation in waters downstream, trees should be
maintained along the pond perimeters, but not on the dams. Native trees (e.g., river
birch, sycamore, red maple) should be planted along the pond if trees are removed
or if additional shading of the pond surface is needed. Also, the outflow pipe must
be designed to draw water from near the bottom of the pond. Cold water intakes
should be within 1-2 feet of the bottom, but not on the bottom. This design will
improve water quality in the pond. The easiest way to accomplish anear-bottom
outflow is to place a larger pipe (i.e. shroud) over the standpipe so that water flows
up through the bottom of the larger pipe (see inset).
pon su ace
outflow ~- ~ water inflow
pond bottom
When filling in-line ponds, residual flow in the streams below the dams must be
maintained to protect aquatic life. This can be accomplished by partially opening
the gate valve during the filling process. However, turbid water should not be
discharged. Until the water in the pond is clear, flexible pipe should be used to
maintain any stream flow, if applicable, around the pond.
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance
for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may
be modified as appropriate to suit to this project.
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistent with the Guidelines for
Riparian Buffer Restoration immediately following construction. (Please see
attached.) This 25 buffer shall be undisturbed, native, woody vegetation, with the
exception of a 3 foot wide, wood chip mulched walking path, and the buffer shall be
maintained through .out all water courses in the development except on the dams
themselves.
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.

Evans Pond Cleanout
Page 5 of 5
April 15, 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 150B 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,
_~--
Coleen H. Sullins, Director
Division of Water Quality
CHS/khb
Enclosures: GC 3687
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 08-0530.EvansPondCleanout.Approval