HomeMy WebLinkAbout20170406 Ver 1_Approval Letter_20170413.r:
Water Resources
E.A.nmei,tal Q.01,
April 13, 2017
James & Shannon Whitmire
136 Whitmire Farms Drive
Brevard, NC 28712
Transylvania County Soil & Water Conservation District
Jeff Parker
106 East Morgan Street, Suite 138
Brevard, NC 28712
ROY COOPER
Ganerror
MICHAEL S. REGAN
- Se"'I ),
S. JAY ZIMMERMAN
Director
DWR # 17-0406
Transylvania County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
French Broad River — Streambank Stabilization (Chris Whitmire Site)
Dear Mr. and Mrs. Whitmire and Mr. Parker:
You have our approval for the impacts listed below for the purpose described in your application
dated March 28, 2017, and received by the Division of Water Resources (Division) on April 5,
2017. These impacts are covered by the attached Water Quality General Certification Number
4087 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 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)]
Stam dNorth Cat'.h, I Environmental QuAo, I Water Rn,.s,.,
2090 US. Highway 70, Swan .a , North Carolina 28178
828-296-4500
French Broad River—Strawbank Stabilization (Chris Whitmire Site)
DWR# 17-0406
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact S 1
598 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 proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated April 4, 2017
(attached) to the maximum extent practicable. [ 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 (800) 858-0368.
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)]
'French Broad River— Streembank Stabilization (Chris Whitmire Site)
DWR# 17-0406
401 Approval
Page 3 .174
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 02H .0506 (b)(2) and (c)(2)]
9. 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
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H.0506 (b)(2) and (c)(2)]
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 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 htta://www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431-3000 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 OAR
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 (919) 431-3100, 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
French Broad River — Streambank Stabilization (Chris Whitmire Site)
DWR# 17-0406
401 Approval
Page 4 o:74
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.mitchellPncdem.eov if you have any questions or concerns.
Sincerely,
CC" i 4�) z
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4087
Certificate of Completion
NCWRC letter dated April 4, 2017
cc: Jeff Parker — Transylvania County Soil & Water
Jeff Young - NC Department of Agriculture and Consumer Services (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)
DWRARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G'\WR\WQ\Transylvania4101sWm-DOT\Whitemim Bank Stabilization\APRV AOI French Broad River Streambank
Stabilization Whitmire Site 04132017 docx
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4087
GENERAL' CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
• NATIONWIDE PERMIT NUMBER 13 (BANK STABILIZATION),
• NATIONWIDE PERMIT NUMBER 27 (AQUATIC HABITAT. RESTORATION, ESTABLISHMENT
AND ENHANCEMENT ACTIVITIES),. AND
• REGIONAL GENERAL PERMIT 197800080 (BULKHEADS AND RIP -RAP)
Water Quality Certification Number 4087 is issued inconformity with the: requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North.
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B.0200 for the discharge of fill
material to surface waters and wetland areas as described in 33 CFR 330 Appendix A (B) (13 and
27) of the US Army Corps of Engineers regulations and Regional General Permit 197800080.
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 95-217
If conducted in accordance with the conditions hereinafter set forth.
Effective date: March 19, 2017
Signed this day March 3, 2017
0
Y
for S. Jay Zimmerman, P.G.
Director
GC4087
Activities meeting anyone (1) of the following thresholds or circumstances require written
opproVoi for a 401 Water Quality Certification from the Division of Water Resources (DWR):
a) If any of the conditions of this Certification (listed below) cannot be met; or
b) Any permanent fill into or modification of wetlands and/or waters except for single and
independent stream stabilization or enhancement projects involving in -stream structures
that are designed based on current natural channel techniques and do not exceed a total
of three structures within 100 feet of stream length; or
c) Any stream relocation; or
d) Any dewatering activity related to dam maintenance or removal; or
e) Total temporary and permanent impacts to streambanks of greater than 150 feet for
bank stabilization projects when non -natural armoring techniques (e.g. rip -rap, gabion
baskets, deflection walls) are utilized; or
f) Total temporary and permanent impacts to streambanks of greater than 500 feet for
bank stabilization projects when natural techniques (e.g. sloping, vegetation, geolifts) are
used; or
g) Any impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including
SAV), HQW (including PNA), SA, WS -1, WS -II, Trout, or North Carolina or National Wild and
Scenic River; or
h) Any impacts to coastal wetlands [15A NCAC 07H .02051, or Unique Wetlands (UWL); or
i) Any impact associated with a Notice of Violation or an enforcement action forviolation(s)
of NC Wetland Rules (15A NCAC 02H.0500), NC Isolated Wetland Rules (15A NCAC 02H
.1300), NC Surface Water or Wetland Standards (15A NCAC 02B.0200), or State
Regulated Riparian Buffer Rules (15A NCAC 02B.0200); or
j) Any impacts to subject water bodies and/or state regulated riparian buffers along subject
water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman
Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with
State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of
application) unless:
1) The activities are listed as "EXEMPT" from these rules; or
ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or
designated local government implementing a state riparian buffer program
pursuant to 143-215.23.
Activities included in this General Certification that do not meet one of the thresholds listed above
do not require written approval.
Page 2 of 9
GC4087
I. ACTIVITY SPECIFIC CONDITIONS:
1. Any repairs or adjustments to the site shall be made according to the approved plans.
Repairs that result in a change from the approved plans must receive written approval from
DWR prior to commencement of the repairs. [15A NCAC 02H .0501 and .0502]
2. Written authorization for a compensatory mitigation project does not represent an approval
of credit yield for the project. [15A NCAC 02H .0500(h)]
IL GENERAL CONDITIONS:
1. When written authorization is required, the plans and specifications for the project are
.incorporated into the authorization by reference and are an enforceable part of the
Certification. Any modifications to the project require notification to DWR and may require an
application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized in the written approval
from DWR; or beyond the thresholds established for use of this Certification without written
authorization. [15A NCAC 02H .0501 and .0502]
No removal of vegetation or other impacts of any kind shall occur to state regulated riparian
buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as
listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200]
3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for
losses of greater than 150 linear feet of streams and/or greater than one (1) acre of
wetlands. Impacts to isolated and other non -404 jurisdictional wetlands shall not be
combined with 404 jurisdictional wetlands for the purpose of determining when impact
thresholds trigger a mitigation requirement. For linear publicly owned and maintained
transportation projects that are not determined to be part of a larger common plan of
development by the US Army Corps of Engineers, compensatory mitigation may be required
for losses of greater than 150 linear feet per stream.
Compensatory stream and/or wetland mitigation shall be proposed and completed in
compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a
project site, a complete mitigation proposal developed in accordance with the most recent
guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted
for review and approval with the application for impacts.
4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules
in Chapter 2 of Title 15A.
Page 3 of 9
GC4087
5. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion
so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC
02H .0506(6)(3) and (c)(3) and 15A NCAC 028 .0200].
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the NCDOTSediment and Erosion Control Manual
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs);SA,
WS -I, WS -II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B.0124, Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
Exceptions to this condition require application to and written approval from DWR. 115A
NCAC 02H .0501 and .0502]
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. Exceptions to this condition require application to
and written approval from DWR. [15A NCAC 02B.0201]
8. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. If the 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. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
Page 4 of 9
GC4O87
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. [15A NCAC 02H
.0506(6)(5) and (c)(5)1
9. All work in or adjacent to streams 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 NCSediment 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 to and written approval from DWR. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
10. If activities must occur during periods of high biological activity (e.g. 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. [15A NCAC 02H
.0506(b)(2) and 15A NCAC 04B.0125]
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this
condition require written approval by the resource agency responsible for the given
moratorium. A copy of the approval from the resource agency shall be forwarded to DWR.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as
to pass the average historical low flow and spring flow without adversely altering flow
velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)]
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20916 of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.
If multiple pipes or barrels are required, they shall be designed to the mimic the existing
stream cross section as closely as possible including pipes or barrels at flood plain elevation
and/or sills where appropriate. Widening the stream channel shall be avoided.
Page 5 of 9
GC4087
When topographic constraints indicate culvertslopes of greater than 5%, culvert burial is not
required, provided that all alternative options for flattening the slope have been investigated
and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders,
cross vanes, etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR
60 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
If other site-specific topographic constraints preclude the ability to bury the culverts as
described above and/or it can be demonstrated that burying the culvert would result in
destabilization of the channel, then exceptions to this condition require application to and
written approval from DWR.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA -designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods. -
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed
across the bridge and pre-treated through site -appropriate means to the maximum extent
practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering the stream. Exceptions to this condition require application to and written approval
from DWR. [15A NCAC 02H .0506(b)(5)]
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 02B.02311
14. If concrete is used during 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. [15A
NCAC 02B.02001
Page 6 of 9
GC4087
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed profile. For projects that receive written approval, no temporary impacts
are allowed beyond those included in the application and authorization. All temporarily
impacted sites shall be restored -and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erasion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2))
17. Any rip -rap 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 be placed 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 or in a manner that precludes aquatic life passage. [15A NCAC 02H
.0506(b)(2)]
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall 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. [15A NCAC 02H .0506(6)(2)]
19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and Rip -rap
Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design
and.construction specified in 15A NCAC 07H.1405.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [35A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B.0211 (12)]
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
Page 7 of 9
GC4087
22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours.
23. If an environmental document is required under the State Environmental Policy Act (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. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this General
Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or
Final Environmental Impact Statement is published by the lead agency. [15A NCAC 01C
.0107(a)]
24. This General Certification does not relieve the applicant of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project,
including those required by, but not limited to, Sediment and Erosion Control, Non -
Discharge, Water Supply Watershed, and Trout Buffer regulations.
25. The applicant 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 DWR 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 DWR may revoke or
modify a written authorization associated with this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
26. When written authorization is required for use of this Certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return a certificate of completion (available on the DWR
website: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H
.0502(f)]
27. 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 all applicable water quality and effluent
standards. [15ANCACO2H.0507(c)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H.0501 and .0502]
III. GENERAL CERTIFICATION ADMINISTRATION:
1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401
Water Quality General Certification must include the appropriate fee. An applicant for a
Page 8 of 9
GC4087
CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a water
quality Certification is required shall only make one payment to satisfy both agencies; the fee
shall be as established by the Secretary in accordance with 143-215.3D(e)(7).
2. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded.
3. This Certification grants permission to the Director, an authorized representative of the
Director, or DWR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
4. This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit 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. This General
Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the
corresponding Nationwide Permits and/or Regional General Permits or when deemed
appropriate by the Director of the Division of Water Resources.
5. 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.
6. The Director of the North Carolina Division of Water Resources 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 a significant adverse effect upon water quality,
including state or federally listed endangered or threatened aquatic species, or degrade the
waters so that existing uses of the water or downstream waters are precluded.
7. Public hearings may be held prior to a Certification decision if deemed in the public's best
interest by the Director of the North Carolina Division of Water Resources.
History Note: Water Quality Certification (WQC) Number 4087 issued March 3, 2017 replaces
WQC 3885 issued March 19,2012; 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.
Page 9 of 9
NIG
Water Resources
E-4onmenlel Qoalily
WR Project No.:
Applicant:
Project Name:
ROY COOPER
Govmnm'
MICHAEL S. REGAN
5'earsmrn
S. JAY ZIMMERMAN
Direcvor
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 cue 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 cue 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
If this 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 Permitee hereby state that, to
the best of my abilities, due cue 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.
3"Nothing'Cpioparoes;! -��:.:.
Slme (If Not Carob o I EnVh0Nn0mel Quality I water Resources
2090 U.S. Highway 7a. Swvmonw,Nonh C.rb,,a 28778
828-2964500
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
April 4, 2017
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Chris Whitmire Streambank Stabilization
French Broad River, Transylvania County -
Dear Mr. Brown:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an
application to stabilize 598 feet of streambank on the French Broad River in Transylvania
County. I attended a site visit with the landowner, designer, and agency representatives on
March 28, 2017. 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).
There are wild Brown Trout in the project vicinity, and we prefer that in -stream activities be
avoided between October 15 and April 15 to avoid impacts to trout spawning. The French
Broad River supports a number of listed and rare aquatic species in the vicinity of the project,
including the Appalachian Elktoe [Alasmldonta raveneliana, US Endangered (E), NC E],
Creeper (Strophitus undulatus, NC Threatened), Eastern Hellbender [Cryptobranchm
alleganiensis, US Federal Species of Concern (FSC), NC Special Concern], and French Broad
River Crayfish (Cambarus mburrus, US FSC, NC Significantly Rare). Wild trout and these rare
species are especially sensitive to sediment, and special care should be taken to minimize
sediment loss from the project.
The application proposes to stabilize three eroding sections of the French Broad River by
creating a bankfull bench with riprap topped with soil, sloping the bank back to a 2:1 slope, and
planting the area with woody vegetation. Work will be performed from the bank. We are
supportive of this project, as it should address eroding sections of channel.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919)707-0220 • Fax: (919)707-0028
Chris Whitmire Streambank Stabilization Page 2 April 4, 2017
French Broad River, Transylvania County
Due to the sensitivity of trout and rare species described above to sedimentation, we request that
all efforts be used to reduce the risk of sediment loss from the site. In -channel work should be
performed quickly. Since work will not be done in the dry, we strongly recommend that work be.
done during a period of low flow. All efforts to minimize sediment loss from project activities
should be implemented. Disturbed areas should be stabilized at the close of each construction
day.
According to discussions during the site visit, the planted riparian area will be at least 20 feet in
width from top of bank. We recommend planting as wide a forested buffer as possible, as native
woody vegetation will provide long-term bank stabilization, keep water temperatures cool, and
provide wildlife habitat. NCWRC recommends protecting a forested buffer of 200 feet on both
sides of a river to protect federally listed species such as Appalachian Elktoe; we recognize that
this width can be difficult to achieve on working lands and strongly recommend that at least 30
feet of area from the top of bank be planted in shrubs and trees.
As discussed, NCWRC and US Fish and Wildlife biologists will conduct mussel surveys so that
any animals found in the project footprint can be relocated before the work in the French Broad
River begins. Steve Fraley, NCWRC's Western Aquatic Wildlife Diversity Coordinator, will
take the lead for NCWRC and his contact information is stephen fralevaliewildlife.or¢; 828-
550-0064.
We offer the following recommendations to minimize impacts to the aquatic community:
1. If possible, in -stream activities should be avoided between October 15 and April 15 to avoid
impacts to trout spawning. However, due to the presence of Appalachian Elktoe and other
rare species, it is most important to time this project to coincide with a period of low flows to
minimize the risk of sediment loss from the project.
2. Work should be accomplished as quickly as possible and vigilance 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.
3. Any erosion control matting used should be free of plastic or nylon mesh, as this type of
mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazed that
may last for years.
4. The planting mixture includes Tall Fescue which should be avoided in the riparian area, as it
is invasive and has minimal wildlife benefits. Instead, we recommend that perennial native
grasses and wildflowers be added to the seed mix to provide native herbaceous cover.
5. We recommend that a woody buffer as wide as possible be planted on both sides of the
stream as infrastructure allows to ensure project success. A wide forested buffer can ensure
greater bank stability, filter overland pollutants, provide cooler water temperatures needed by
Brown Trout and the rare species in the French Broad River, and provide habitat for birds
and other wildlife.
6. Coordinate with NCWRC to ensure that mussel surveys are completed before construction
begins.
Chris Whitmire Streambank Stabilization Page 3 April 4, 2017
French Broad River, Transylvania County
Thank you for the opportunity to review and comment on this project. Please contact me at
(828) 558-6011 if you have any questions about these comments.
Sincerely,
Andrea Leslie
Mountain Region Coordinator, Habitat Conservation Program
ec: Chris Whitmire, landowner
Jeff Young, NC Division of Soil and Water
Jeff Parker, Transylvania County Soil and Water Conservation District
Kevin Mitchell, NC Division of Water Resources
Steve Fraley, Powell Wheeler, Lori Williams, NC WRC
Byron Hamstead, US Fish and Wildlife Service