20090204 Ver 1_Approval Letter_20090716

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 16, 2009
Mr. Wiley Harris, Director of Facilities Planning Design and Construction
Western Carolina University
3476 Old Cullowhee Road
Cullowhee, NC 28723
Subject: 401 Water Quality Certification - Approval
Stormwater Management Plan - Approval
Millennial Initiative Project
DWQ Project # 09-0204
Jackson County
LTN02 / Long Branch Creek / 2-79-31-6-(1) / C-HQW
Dear Mr. Harris:
Dee Freeman
Secretary
The DWQ has completed the review of your 401 Water Quality Certification application associated with the
subject project listed above.
Approval has been granted to place fill within or otherwise impact 55 feet of stream for the purpose of roadway
widening and lane improvements at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3704. This Certification allows
you to use Nationwide Permit 14 when issued by the US Army Corps of Engineers (USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control.
This approval also includes approval of the Stormwater Management Plan (as submitted March 13, 2009,
with revisions received May 5, 2009 and June 18, 2009).
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify the Division and you may be required to submit a new application.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Emplover
North Carolina
JVntur?tll?
Mr. Harris
July 16, 2009
Page 2 of 2
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 55 (feet) Junction Box and Pipe
C-2.10
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Stormwater Management Plan Conditions:
1. The stormwater management system (consisting of six sand filters and a bioretention basin, and all
associated appurtenances), all stormwater conveyances, and the grading and drainage patterns depicted
on the plans, as approved by this office must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
The stormwater management structures shall have maintenance access and at least a 10-foot drainage
easement on each side to allow for the ability to maintain the structures, and to perform corrective
actions. The stormwater easements shall be recorded to provide protection of the structures from
potential alterations by future property owners.
2. All operation and maintenance activities shall be followed as stipulated in the Operation and
Maintenance Agreements signed and notarized on April 28, 2009, and received in our office on May 6,
2009.
If you do not accept any of the conditions of this Certification (associated with the approved stream impacts and
stormwater management plan), you may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office
at [phone].
S' cerely,
A'YR ee H. Sullins, Director
CHS/saw
Eric: GC 3704, Certificate of Completion, Plans/Specifications
cc:
USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
Mulkey Inc., Warren Sugg, P.O. Box 33127, Raleigh, NC
Jackson County Planning
Central Files
ARO File Copy
27636-3127
G:\WPDATA\DEMWQUackson\401s\WCU Millenial project\WCU Approval 7 2009.doc
Permit Number: 07-02"+
(to be provided by DWQ)
Drainage Area Number:
Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important operation and maintenance procedures:
- Immediately after the bioretention cell is established, the plants will be watered
twice weekly if needed until the plants become established (commonly six
weeks).
- Snow, mulch or any other material will NEVER be piled on the surface of the
bioretention cell.
Heavy equipment will NEVER be driven over the bioretention cell.
Special care will be taken to prevent sediment from entering the bioretention cell.
Once a year, a soil test of the soil media will be conducted.
After the bioretention cell is established, I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problems: How I will remediate the problem:
The entire BMP Trash/debris is resent. Remove the trash/debris.
The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to
bioretention cell erosive gullies have formed. remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the
stone verge or Swale applicable). sediment off-site.
The pipe is cracked or Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the Regrade the swale if necessary to
swale (if applicable). smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
Stone verge is clogged or Remove sediment and clogged
covered in sediment (if stone and replace with clean stone.
a licable .
Form SW401-Bioretention O&M-Rev.3 Page 1 of 4
BMP element: Potential problems: How I will remediate the problem:
The pretreatment area Flow is bypassing Regrade if necessary to route all
pretreatment area and/or flow to the pretreatment area.
gullies have formed. Restabilize the area after grading.
Sediment has accumulated to Search for the source of the
a depth greater than three sediment and remedy the problem if
inches. possible. Remove the sediment and
restabilize the pretreatment area.
Erosion has occurred. Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present. Remove the weeds, preferably by
hand.
The bioretention cell: Best professional practices Prune according to best professional
vegetation show that pruning is needed practices.
to maintain optimal plant
health.
Plants are dead, diseased or Determine the source of the
dying. problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Tree stakes/wires are present Remove tree stake/ wires (which
six months after planting. can kill the tree if not removed).
The bioretention cell: Mulch is breaking down or Spot mulch if there are only random
soils and mulch has floated away. void areas. Replace whole mulch
layer if necessary. Remove the
remaining much and replace with
triple shredded hard wood mulch at
a maximum depth of three inches.
Soils and/or mulch are Determine the extent of the clogging
clogged with sediment. - remove and replace either just the
top layers or the entire media as
needed. Dispose of the spoil in an
appropriate off-site location. Use
triple shredded hard wood mulch at
a maximum depth of three inches.
Search for the source of the
sediment and remedy the problem if
possible.
An annual soil test shows that Dolomitic lime shall be applied as
pH has dropped or heavy recommended per the soil test and
metals have accumulated in toxic soils shall be removed,
the soil media. disposed of properly and replaced
with new planting media.
Form SW401-Bioretention O&M-Rev.3 Page 2 of 4
BMP element: Potential problems: How I will remediate the problem:
The underdrain system Clogging has occurred. Wash out the underdrain system.
(if applicable)
The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of
the sediment off-site.
The drop inlet is damaged Repair or replace the drop inlet.
The receiving water Erosion or other signs of Contact the NC Division of Water
damage have occurred at the Quality 401 Oversight Unit at 919-
outlet. 733-1786.
Form SW401-Bioretention O&M-Rev.3 Page 3 of 4
Permit Number:
(to be provided by DWQ)
I acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Western Carolina University-School of Health and Gerontology
BMP drainage area number:Drainage Area #7
Print name: Joe Walker P.E.
Title: Associate Vice Chancellor for Facilities Management
Address: Western Carolina University, Facilities Management, 3476 Old Cullowhee Rd.,
NC 28723
Phone: [phone]
Signature:
Date: I-/,
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I, a GL e c-;. c- , a Notary Public for the State of
County of `%,4CSa7? , do hereby certify that
personally appeared before me this
day o nn GD , and acknowledge the due execution of the
forgoing bioretention maintenance requirements. Witness my hand and official seal,
KCC BABECKI
NOTARY PUBLIC
Jackson County, North Card"
C.=misiion Expkes November 8, 20%
SEAL

My commission expires
Permit
Form SW401-Bioretention I&M-Rev. 2 Page 4 of 4