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Home My WebLink About20181208 Ver 1_Approval Letter_20180918 North Carolina Department of Environmental Quality  Division of Water Resources 2090 US 70 Highway, Swannanoa, NC 28778 828.296.4500 September 18, 2018 DWR # 18-1208 Haywood County Town of Maggie Valley Attn: Nathan Clark 3987 Soco Rd Maggie Valley, NC 28751 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Elevated Park Stream Improvement Dear Mr. Clark: You have our approval for the impacts listed below for the purpose described in your application dated August 23, 2018, and received by the Division of Water Resources (Division) on August 29, 2018. These impacts are covered by the attached Water Quality General Certification Number 4134 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)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Impact Impact S1 160 (linear feet) DocuSign Envelope ID: 78FD53C9-0CED-47A8-9693-F5E8894C6AC4 Elevated Park Stream Improvement DWR# 18-1208 401 Approval Page 2 of 4 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 September 13, 2018 (attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)] 4. The stream is a Class Tr Trout Waters. In order to protect downstream uses for Class Tr Trout 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. [15A NCAC 02h .0506 (b)(2) and 15A NCAC 04B .0125] 5. The designer or his designee shall supervise the installation of all in-stream structures. [15 A NCAC 02H .0506(b)(2)] 6. 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)] 7. 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)] 8. 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] 9. 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)] 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 DocuSign Envelope ID: 78FD53C9-0CED-47A8-9693-F5E8894C6AC4 Elevated Park Stream Improvement DWR# 18-1208 401 Approval Page 3 of 4 construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 11. The permittee shall report to the Asheville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 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 http://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 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 (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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 DocuSign Envelope ID: 78FD53C9-0CED-47A8-9693-F5E8894C6AC4 Elevated Park Stream Improvement DWR# 18-1208 401 Approval Page 4 of 4 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 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 Amy Annino at 828-296-4656 or Amy.Annino@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4134 Certificate of Completion NCWRC comment letter dated September 13, 2018 cc: Eric Romaniszyn – Haywood Waterways Association (via email) Nathan Clark – Town of Maggie Valley (via email) David Angel – Elevated Mountain Management Group (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) DWR ARO 401 files G:\WR\WQ\Haywood\401s\Non-DOT\Elevated Park Stream Improvement\20180918_Elevated Park Stream Improvement_APRVL.docx DocuSign Envelope ID: 78FD53C9-0CED-47A8-9693-F5E8894C6AC4 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 September 13, 2018 Mr. David Brown U.S. Army Corps of Engineers, Regulatory Branch 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 SUBJECT: Elevated Park Stream Improvement Jonathan Creek, Haywood County Dear Mr. Brown: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed an application to stabilize 160 ft of Jonathan Creek in Haywood 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). There are wild Brown Trout and Rainbow Trout in Jonathan Creek in the project area, and instream project activities should be avoided during the trout moratorium of October 15 to April 15. The application proposes to stabilize an eroding reach of bank by realigning the channel away from the eroding bank, installing two boulder j-hooks, modifying an existing riffle’s thalweg by moving large substrate within it, sloping back stream banks, installing a cobble toe, and planting a 25-ft wide native woody buffer. Instream work will take place in the wet, and according to Greg Jennings, flows will be diverted away from work areas. We support this project, as it should address bank erosion and reduce instream sediment. We offer the following recommendations to minimize impacts to the aquatic community: 1. In-channel 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. Elevated Park Stream Improvement Page 2 September 13, 2018 Maggie Valley, Haywood County 2. Any erosion control matting used should be free of nylon or plastic mesh, as this type of mesh netting frequently entangles wildlife and is slow to degrade, resulting in a hazard that may last for years. 3. Instream work should be avoided during the Brown Trout moratorium of October 15 to April 15. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 803-6054 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator, Habitat Conservation Program ec: Greg Jennings, Jennings Environmental Eric Romaniszyn, Haywood Waterways Kevin Mitchell, NC Division of Water Resources North Carolina Department of Environmental Quality | Division of Water Resources 2090 US 70 Highway, Swannanoa, NC 28778 828.296.4500 WR Project No.: __________________ County: ____________________________________ Applicant: __________________________________________________________________________ Project Name: ______________________________________________________________________ Date of Issuance of 401 Water Quality Certification: ________________________________________ Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification 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 I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ Agent’s Certification I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: ______________________________ Date:_________________________________ 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 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: ______________________________________ Registration No. ________________ Date ____________________