20161007 Ver 1_Approval Letter_20161115

NCO
WaterResources
ENVIRONMENTAL QUALITY
November 15, 2016
PAT MCCRORY
co�Rlo,
DONALD R. VAN DER VAART
S—I.,
S. JAY ZIMMERMAN
D—"'
DWR# 16-1007
McDowell County
McDowell County
Attn: Ashley Wooten
60 East Court Street -- - --
Marion, NC 28752
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Catawba River Bank Stabilization Project
Dear Ms. Wooten:
You have our approval for the impacts listed below for the purpose described in your application
dated October 17, 2016, and received by the Division of Water Resources (Division) on October
20, 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 13 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 certifications) 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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream Impact
Impact S 1
180 (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
Sura of NoM Carolina I Eowmuueoul Quality I Wafer Resources
2090 U S. Hwy. 70 l Sw--,,a, NOM Carolina 28778
8282964500

Catawba River Bank Stabilization Project
DWRff I6-1007
401 Approval
Page 2 of 4
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 proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated November 9, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
4. The designer or his designee shall supervise the installation of in -stream structures.
[ 15A NCAC 02H .0506(b)(2)]
5. 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)]
6. 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), 15ANCAC 02B.0211(12), and GS 143 Article 21A]
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
8. 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)]
9. 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. [l5A NCAC 02H .0506 (b)(2) and (c)(2)]
10. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the

Catawba River Bank Stabilivation Project
DWR# 16-1007
401 Approval
Page 3 o&4
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 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 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 8:00am and 5:00pm, 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
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 Kevin Mitchell at 828-296-4650 or
kevin.rnitchell(a_.ncdem. sov if you have any questions or concerns.

Catawba River Bank Stabilization Project
DWRk I6-1007
401 Approval
Page 4 of 4
Sincerely,
X, --
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
NCWRC letter dated November 9, 2016
cc: Andrew Bick — Wildlands Engineering, Inc. (via email)
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)
D WR ARO 401 files
D WR 401 and Buffer Permitting Unit (via email)
G'\WR\WQWcDowell\40lsWon-DOT\Catawba River Hank Stabilization\APRVL.401 Calawba River Bank Stabilization
11.15.2016.docx

Water Quality Certification No, 3886
GENERAL CERTIFICATION
FOR STEM-RPAY.QIVkTI6N.
EN14ANCEMENT
AND
STABILIZATION PROJECTS
AND WETL
I 'RESTORATION.
AND
CREATION AC1fIVIT
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RULES
The State of North Carolina certifies that the spoeffied category ofeativitq Will "at Violate
9pp0aahleportions of Seetlons 3O1, 342, 308, 398 and 307 of the PUOha Law$ 92.50Oand
95.217 if conducted In accordahoo with the conditions pataloaftercat forth.
Aativitiea meeting any one (1) of the following thresholds or cireumstaacos require Wrgrod
approva)kr a 401 Water QUplihr Certification from the DIVision of Water 009jlty, (the
11 blislon")r
also
the I
Water Quality Cer fficatiooNo, 31985
1

Water Quality Certif(eatlon No. X85
Condltlorts of Certification;
1 A*Ibes$hallmeal The daf(ntitans design, and monttorin pnptocolss eclfted.withinthe US
Army Corps of Engineers Wiiraington DistrfafRegplaforyr tdanos Leifer(ROL0242) and
the Slraem Mibgaflon Grddehh$s (April 2003) orunf subsequent updates to these
documents;.
Z. No Impacts Be and those Authofto# In the Written Approval or SeydndtheThreshold of Use.
61tM$CadltGalibn
3. Bjatmard Croner and 4edimpnjj�ohtrdl Praolles$ ,
Erosion and sediment control practices musl be In full compliance With all speclfiaations
governing the proper design, installation aWd Operation add maintenance of spoti Beat
Management Practices and if applicable, aomply,With the spengic oorYd[itons and
requirements of the NPOES Construction Stormwatar, Permit!$sped id, the 00,
a.
b.. Por bomowpttsho,, the erosion and sediment control measures must hadeslgned.,
Installed, operated, and malntalnsd In 90044000 With the Most recent yelslolf Of fire
Ndtth Carvlrna SuVaoa Wing MahoaL
'c. ReclamatiorrmeasuresAnd implementation must domply, Ah the reclamation fn
accordance with the requirement; of Sadirnentatlon Pollution Control Act and the!
'Mining Act of 1971,
d, $affloiant mgterlals required Or stahllitatton andfar repair Of erosion contrormeasuGQ$
- andstormWater routing and treatment shall: be on she itall times,
a. lithe projeat,accirrs In Waters; orWatsheds classified aePrimary Nursery Areas (RNAs),
VUS'7, W -Il, High OuailFk 4H4WtT or0atslanding ResowroeJORW}Waters than the-.
eadlmentatton and erosion central dealgns mustmamply Pdth the redrlinamants set forth.
in 1 S NCAC04S-0124,.PWgn Standardsk SonsiBue INafershegs.
Water Qualfty Certification No 3885 - 2

Water Quality Certification No. 3885
A, NoSediment and FrosionControl Measures inWetlands orWaters
6. -construction stormwaterPermit Nrv00n0000 - -
An NPDES Construcnon 8toMwatar Permit is required for construction projects that disturb
one (1) or more acresof land. Thio PermCtallOWsstormwatef•tobedfschargeddurtng,land
disturbing construction activities a's stipulated in thoconditforis, of the permit. If yourprojart
Is covered by this permit, full conapllense with,p,or'mit conditioris including the erosion &
sedimentation contmt plan inspections and maintenance self•rnbritoring, record kesping
and reporting requirements is regutred Acopy of the gaM¢ral,permit (NO001000(i),
InapectYon log sheets and other infotmstion maybe tdrradat
hHo•!lgoAal ncdenroralweb/walwslsuMlydesswHtebw..
The North Carolina Department of Transportation (NCDOT).ehallba required to be in full -
compllance with. the conditions related to construction activities within the most recent vorelon
ofthalr individual NPDES (NCS006260) stormwatet permit:
6. Construotion Moratoriums and Coordination
if activities Must occur during periods of high biological activity (la. see turtle nesting, fish
apawn(ng, or bird nesting), then biological monitoring may be required at the request of other
state ar federa1'agencies and coordinated with these aetivrtles.
Work within the twenty-five (26) designated trout ddunties or identified stateor federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
U$FWS, NMPS;,and/or DMF personnel.
7.. Work in the Pry -
All work in or adjacent to stream -waters shallbe conducted so!tnat the flowing stream aloes
not come In contact with the disturbed area Apptoved heel management practices from the
most current version of the NC Sediment and Erosion Control Manual ar the NO DOT
Oonsiruotion and Maintenance Activities Manual,such as sandbags, rook berms, cofferdams,
and other diversion structures shall be used to mkrllmae excavation in flowing water
Exceptions to this condition requite application submittal to and written approval by the
Division.
Water4uaptyCertificatfon Na 3888 3

J
I
Water Quality Certification No. 3885
8. 'Riparian Area; Protection (Buffer) Rules
Achvftles located in the protectedtlparlsitereas (whetherjudsdictional wetlands or not),
Within the Nauss, 7anPamlloo or Catawba River Basins or in the Randleman, Jordan, or
Goose Creek Watersheds (or any other basin orOtershed With buffer rules) shall be limited
to'usea idemified within end constructed in accordance with I" NCAC 0213.0433 0259,.
..0743, 0250 0267 and,0605, and shall be located desfgrted, constructed and maintained _ t
to have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best managamentpraotldes. Ali bufferrule rsquiraments, including diffuse
flow requirements, must be met. _
9 Ifconerete Is used during the construction, then all rreopwry measures shall be taken to
prevent direct contact between uncured or curing Offorete And Waters of the state- Wafer
that inadvertently contacts uncured concrete shall rrot ba discharged to waters of the state
due to the poteriniaf forelevated,pH and possible` aquatic llfal fish Kills.
10 Alitemporary fill and culverts shall be removed and the Impacted area returneddo natural
conditions within 60 days of the determination that the temporary impact Is no longer
necessary. The impacted areas shall be restored to o@ginal greda Including each stream's
original cross sectional dimensions plan form pattern and Ichgltudidal bed and bed profile,
and the various altar; shall be stabilized With natural woody vegetation (exoapf for the
approved maint9d(enga areas) and restored to prevent erosion,. 6
11. All temporary pipes/ culverta/riprap pads atc, shall be Installed in all streams as Outlined in
the most recent action of the North Carolina SiediNfeirfend &,i ojan Contra/ Rlannfngand £
Design Manual orthe North Carolina Surface MIl1ing Manual so as not to restrict stream flow
or cane dis-equilibrium during use of this General Certification. -
12. Any riprap required for proper culvertpleoement, stream atebflliCation, or restoration of
other approved materials shall not result In de ateblllzatlgn of thestream ped or panxs
. stream or downstream _of_ the area
13 Any rip -rap used for stream stabilization shall be of a else and density so as not to be able to t
40 carried off by wave, currernection, or stresm flows And consist of clean mckor masonry
` Material free of-debrisor toxic pollutants, kip-rapkshal not be insteliad In the streambed
except In specific areas required for velocity ,control And to ensure structural Integrity of bank r
stabilization measures.
14, Aone-time Application offertllizer to re-establish vegetation fs.alluwed in dlaturbed area_ s
including ripener buffers, but is restricted to no closer than 10 test from top of bank of -
streams Any fertiliaar application must comply With all other Federal State and Local. - regulations.
16,
16. A1lpllcat A for riprap groins proposed in accordands with 15A NCAC 0XH, 1401 INC —
Divlsicn of Coastal Management General Permit for construction of Wooden and Rime
Groins in Estuarine and public Trust Waters) must most all the specific condKlons for design
and construction specified in15ANt3AC07H 1405. ff
l _
P —
Water (.Quality Certification No. 3885 4 ,

Water (duality Certification No. 3385
16, Compensatory Mitigation
In accordance with 16A NCA'C'02H .0606 (h), compensatory mitigation may berequired for
.losses of equal to or greater than 150 linear faetpf streams (intermittent andperennial)
and/or equal to or greaterthan one (1) acre of wetlands For linear public transportation
projects, impacts equal to or exceeding 150 linear feet par stream shall req Ulm mitigation.
Buffer mitigation may be required for any pro act with Buffer Rules in effect at. the time of
application for activities classified es "Nlowatie 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 Gertiflcation for this Nationwide snd cor"RectorialGeneral Permit
Any
In
Ora
17: If An 0muonmentAl document ds required under fire National or State Environmental Policy
Act (NEPA or SEPA), then this general Certlficatboo Is hot valid unfit aFind,ing of No
Signi6dant Impact(FONSq or Record ofDeo sloe (ROD) I$ [$sued by the State
Clearinghouse. _
18, In the twenty(20), coastal counties, the appropriate DWQ Regional Office must be contacted
to determine. if Coastal Stormwatee Ragulation%will be required..
19.. This General Certification does not relieve the applicant ofthe -responsibility to obtain all other
required Federal,. State, or Local approvals,
21. When written authorization is required for use of this certification upon completion of all
permitted Impacts Included within the appprovat and any subsequent modifications, the
- applicant shall be required to return the cenifcate of Completion attached to the Approval..
On&copy of the certificate shalt be sent to the 0W0 central Off Ice, In Ratelghat 4650 Mail
Service Center;, Raleigh, NC, 276994850.
22. Addidonal site-specific conditions, including monitoring andlor modeling requirements, may
be added to the written approval latter 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 that
Director, or CENR. staff, upon that presentation of propercfed'entlola to enter the property
during normal busirrass hours..
Water Qaalitycedifioation No. 8886
5

Water Quality CertificationNo, 9885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/dr Regional General Pwntft The conditions to effect on the date
of issuance of Certification for aspecific project shall remain In effect for the lits, of the project
regardless of the expiration date of this CertUicatlon.
Non-com Rance With or violation of the conditions', herein set forth by a specific project may result
into) cati

Water Resources
ENVIRONMENTAL QUALITY
WR Project No.:
Applicant:
Project Name:
PAT MCCRORY
(k—A,
DONALD R. VAN DER VAART
Seorelory
S. JAY ZIMMERMAN
LA.,, ­
County:
Date of Issuance of 401 Water Quality Certification:
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 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 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
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:
7f this project was designed by a Certified Profession at
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 Permitee hereby state that, to
the best of my abilities, due care and diligence was used in the observation of the constructionsuch 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: Registration No
SLAW oMO Ce Imo I Emimnmmot Quality I WArr Resomms
1611 Mad service Conror I ftalaigh, Ncrt CmalW 27699 16 11

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
November 9, 2016
Mr. William Elliott
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Catawba River Bank Stabilization
Catawba River, McDowell County
Dear Mr. Elliott:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize the Catawba River in McDowell County. Our comments on this
application are offered for your consideration under provisions of the Clean Water Act of 1977
(33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
Project activities should not impact wild trout and do not need to be avoided during the trout
moratorium. Two rare species occur downstream of the project—Brook Floater (Alasmidonta
varicosa, US Federal Species of Concern, NC Endangered) and Foothills Crayfish (Cambarus
johni, NC Significantly Rare). These species are sensitive to sediment pollution, and effective
sedimentation and control measures are especially important for this project.
We support the project as described, as it should stabilize an eroding section of the Catawba
River with in -stream structures, geolifts, bank sloping, and riparian vegetation. Most of the work
will be performed from the top of bank but machinery will access the stream for placement of in -
stream structures. Coffer dams will be used to isolate bank sloping reaches from the thalweg.
We offer the following recommendations to minimize impacts to fish and wildlife:
1. Vigilance should be used in sediment and erosion control during site preparation,
construction, and clean up. Disturbed areas should be seeded, mulched and/or matted as
soon as possible, preferably at the end of each work day.
2. Any erosion control matting used be free of plastic or nylon mesh, as this type of mesh
netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may
last for years.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Catawba River Bank Restoration Page 2 November 9, 2016
Catawba River, McDowell County
3. Where possible, isolate in -stream work areas (such as log vane and other structures). from the
thalweg.
4. The planted riparian area will be limited to the sloped bank and perhaps one row of trees on
the top of the bank. We recommend that a woody buffer of at least 30 feet be planted on
both sides of the stream as infrastructure allows in order to ensure project success. A wide
forested buffer can ensure greater bank stability, filter overland pollutants, and provide
habitat for birds and other wildlife.
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.
Sincerely,
dam ---
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Andrew Dick, Wildlands Engineering
Kevin Mitchell, NC Division of Water Resources