20061830 Ver 1_Approval Letter_20070122

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~~~ ~Q~i Michael F. Easley, Governor
tjj -y William G. Ross Jr., Secretary
} ~ t_' North Carolina Department of Environment and Natural Resources
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~ _~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
..
January 22, 2007
DWQ Project # 06-1830
Transylvania County
Tom Gerow, Jr„ Forestry Non-Point Source Unit
North Carolina Division of Froest Resources
1616 Mail Services Center
Raleigh, NC 27699-1616
Subject Property: Hooker Falls -Little River Stream Restoration
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gerrow:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact approximately 398 linear feet of streams
for the purpose of stream stabilization and access repair /replacement at the subject
property, as described within your application received by the N.C. Division of Water
Quality (DWQ) on November 22, 2006. After reviewing your application, we have
decided these impacts -are covered by General Water Quality Certification Number(s)
3495 (GC3495). The Certification(s) allows you to use Nationwide Permit(s) 27 when
issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, and stormwater regulations. Also, 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.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conaltlons. ~t total tills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
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`.' LSE.+,, ~_
An Equal Opportunity/Affirmative Action Employer- 50% Recycledll0% Past Consumer Paper

Little River Stream Stabilization
Page 2 of 6
January 22, 2007
1. Impacts Approved
The following impacts are hereby approved as ~ long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount A proved (Units) Plan Location or Reference
Stream Ap roximatel 100 (linear feet) Little River
Stream Approximately 298 (linear feet) Little River
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surtace Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

Little River Stream Stabilization
Page 3 of 6
January 22, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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 the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Construction in this creek and disturbance within a 25-foot trout buffer shall be
avoided during the October 15 to April 15 trout spawning period to avoid adverse
effects of sediment on eggs and larvae.
7. Sediment and erosion control measures must be implemented prior to construction
and maintained on the sites to minimize sediment in downstream areas. Seeding for
a temporary cover of wheat, millet, or similar annual grain or permanent. herbaceous
cover should occur on all bare soil within five (5) days of ground disturbing activities
to provide long-term erosion control. The projects should be accomplished in stages
instead of leaving large tracts exposed to further storm events. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in
steep slope and riparian areas. Matting should be secured in place with staples,
stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas. In addition, because of an anticipated
difficulty in establishing ground cover during the winter, reseeding should be
conducted, as necessary, in the spring-time with a native annual and perennial seed
mix with a temporary nursery crop of wheat, millet or other grain.
8. Only clean, large, angular rock, large woody material, or other natural stream design
materials and techniques should be used for bank stabilization. Rock should not be
placed in the stream channel in a manner that constricts stream flow or that will
impede aquatic life movements during low flow conditions. Filter cloth should be
paced- behincfi-large roc a is use or an stabilization. Properly designed rock
vanes should be constructed wherever appropriate on bank stabilization and
channel realignment stream reaches to improve channel stability and to improve
aquatic habitat. Root wads should be installed low enough in the bank so that a
significant portion (at least one-third) the root wad is inundated during normal flows.
Should large, angular rock, large woody material, or other natural stream design
materials and techniques not be sufficient for long term stability of the stream and
adjacent roadway, and concrete be incorporated into the design, measures which
would prevent surface waters from coming into contact with live concrete.

Little River Stream Stabilization
Page 4 of 6
January 22, 2007
9. The channel should be restored to a more stable condition. However, under no
circumstances. should river rock, sand or other materials be dredged from the
stream channel under authorization of this permit except, if necessary, in the
immediate vicinity of the eroding banks for the explicit purpose of anchoring
stabilizing or flow/grade control structures or for reestablishing the natural and more
stable stream channel dimensions. Stream bed materials are unstable in flowing-
water situations and are unsuitable for bank stabilization. In stream dredging has
catastrophic effects on aquatic life and disturbance of the natural form of the stream
channel can cause downstream erosion problems. The natural dimension, pattern,
and profile of the stream upstream and downstream of the permitted area should not
be modified by widening the stream channel or changing its depth. No backfilling
of stream bed materials is allowed under this authorization.
10. Stabilization measures should only be applied on or near existing erosion sites,
leaving other stable stream bank areas in a natural condition. Grading and
backfilling should be minimized and tree and shrub growth should be retained where
possible to ensure long term availability of stream bank cover for aquatic life and
wildlife. Backfill materials should be obtained from upland sites except in cases
where excess stream bed materials are available. Berms should not be permitted
because they block the floodplain, constrict and accelerate flood flows, and often fail
and sometimes impede drainage during large flood events.
11. Repairs to eroded banks should be conducted in a dry work area. Sandbags or
other clean diversion structures should be used to minimize excavation in flowing
water. Channel realignments should be constructed by excavating the new channel
from downstream to upstream before connecting it to the old channel.
12. Heavy equipment should be operated from the bank whenever possible. All
" mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment. Exposure of equipment to
surface waters must be minimized to the maximum extent possible.
13. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout
Buffer regulations) must be restored along the construction sites to natural riparian
conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog
hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long-
term bank stability and stream shading. Note, silky dogwood, silky willow and black
willow can be planted as live stakes collected during the dormant growing season.
Cuttings should be randomly planted on four (4) foot centers from the waters edge to
the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers.
~ rea~an s in ese areas s ou a so a see a wit a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
Replanting of vegetation within disturbed areas located within 30 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
14.If pasture along the stream is to be used for grazing, a fence must be constructed
outside of the riparian zone and the stream to prevent livestock from entering these
areas.

Little River Stream Stabilization
Page 5 of 6
January 22, 2007
15. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected riparian zones
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
16. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelametric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
17. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The 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 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), 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 1506 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.

Little River Stream Stabilization
Page 6 of 6
January 22, 2007
This letter completes the review of the Division
the Clean Water Act. If you have any questions
DWQ Asheville Regional Office at 828-296-4657.
of Water Quality under Section 401 of
,please telephone Kevin Barnett in the
Sincerely,
~_ ~.
//'~
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1830.NCDFR.LittleCreekStabilization.Approval