20180612 Ver 1_Approval letter_20180921

NORTH CAROLINA
ROY COOPER Environmental Quality
Cwenn r
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
September 21, 2018
Western Carolina University
Attn: Joe Walker, P.E.
3476 Old Cullowhee Rd
Cullowhee INC 28723
DWR # 20180612
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Western Carolina University Master Plan Improvements
USACE Action ID. No. SAW -2015-00263
Dear Mr. Walker:
Attached hereto is a copy of Certification No. WQC004170 issued to Mr. Joe Walker and
Western Carolina University, dated September 21, 2018. Please note that you should get
any other federal, state or local permits before proceeding with the subject project,
including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 1506 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 2 of 8
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Sue Homewood at 336-776-9693 or
sue.homewoodPncdenr.eov if you have any questions or concerns.
Sincerely,
� _
Karen Higgins, Supervir
401 & Buffer Permittin
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, FWS (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 180612 WesternCarolinaUniversityMasterPlanlmprovements(Jackson)_401_IC

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004170 is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in
15 NCAC 02H .0500, to Mr. Joe Walker and Western Carolina University, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on May 3, 2018 and subsequent information on June 29, 2018, August
9, 2018, August 13, 2018 and August 31, 2018, and by Public Notice issued by the U. S. Army
Corps of Engineers and received by the Division on May 17, 2018.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
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
Central Drive Lot 500 (linear feet)
0 (linear feet)
404/401 Wetlands
Central Drive Lot
0.293 (acres) =0
(acres)
Intramural Fields
0.09 (acres)
10 (acres)
2. Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 4 of 8
3. The Division approves the Stormwater Management Plan (SMP) consisting of a proprietary
system, Contech StormFilters and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be
182,737 square feet and the maximum allowable built -upon area within that drainage
area shall be 149,076 square feet. Any changes to these allowable maximum areas
shall require the applicant to submit and receive approval from the Division prior to any
construction or modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10 -foot
wide area on all sides of the device(s) shall be located in either public rights-of-way,
dedicated common areas or recorded easement areas. The final plats for the project
showing such rights-of-way, common areas and easement areas, shall be in accordance
with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Joe Walker on August 30,
2018. The O&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved diffuse flow plan. The Division shall be
notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
4. To protect rare and listed species in the Tuckasegee River, the erosion control plan will be
designed to the 25 -year storm event and ground disturbance shall be limited to what will be
stabilized within 7 calendar days or either reaching finished grade or stopping work in an
area. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
5. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated 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 .0502]
Compensatory Mitigation
River & Sub -basin Number
Required
Stream
500 (linear feet)
Little Tennessee
LTN02
3. The Division approves the Stormwater Management Plan (SMP) consisting of a proprietary
system, Contech StormFilters and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be
182,737 square feet and the maximum allowable built -upon area within that drainage
area shall be 149,076 square feet. Any changes to these allowable maximum areas
shall require the applicant to submit and receive approval from the Division prior to any
construction or modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10 -foot
wide area on all sides of the device(s) shall be located in either public rights-of-way,
dedicated common areas or recorded easement areas. The final plats for the project
showing such rights-of-way, common areas and easement areas, shall be in accordance
with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Joe Walker on August 30,
2018. The O&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved diffuse flow plan. The Division shall be
notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
4. To protect rare and listed species in the Tuckasegee River, the erosion control plan will be
designed to the 25 -year storm event and ground disturbance shall be limited to what will be
stabilized within 7 calendar days or either reaching finished grade or stopping work in an
area. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B.0125]
5. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated 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 .0502]

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 5 of 8
6. 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 under this Certification.
[15A NCAC 02H.0501 and .0502]
7. 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).
8. 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.
[15A NCAC 02H .0501 and .0502]
Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
10. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The NCG010000 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)]
11. 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. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
12. 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 20% 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.

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 6 of 8
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
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 026 .0231]
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.0200]
15. No temporary impacts are allowed beyond those included in this Certification. All 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. 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 Erosion
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 riprap 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 riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
18. This 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.

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 7 of 8
19. 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. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 0213 .0211 (12)]
20. 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)]
21. 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.
22. Mr. Joe Walker and Western Carolina University shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that
such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Joe Walker and Western
Carolina University and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A
NCAC 02H .0504. Any new or revised conditions shall be provided Mr. Joe Walker and
Western Carolina University in writing, shall be provided to the U.S. Army Corps of Engineers
for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
23. 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)]
24. 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]

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 8 of 8
25. 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.
26. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
27. 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.
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.05061
This the 21' day of September 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004170