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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 15, 2005
Michael J. & Astrid I. McManus
1918 Marsh Oak Lane
Johns Island, SC 29455
DWQ Project # 05-1895
Jackson County
Subject Property: Drake Drive, Lot #13
156 Drake Drive, Glenville, NC 28736
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. and Mrs. McManus:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 85 linear feet of shoreline for the purpose
of stabilization at the subject property, as requested within your application received by
the N.C. Division of Water Quality (DWQ) on October 21, 2005, with the attached
modifications and exclusions. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3373
(GC3373). The Certification(s) allows you to use Regional Permit(s) 198200079 when
issued by the US Army Corps of Engineers (USACE). 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, Stormwater and Buffer 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. This
authorization only allows for the installation of riprap along the shoreline backed
by erosion control cloth.. If you change your project beyond what is authorized in this
Certifcation, 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 conditions. If total fills
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:
N~'thCarolina
;''illum!!!!
401 WeUands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250. Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733-6893/lntemet http://h2oenrstatenc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/1 0% Post Consumer Paper
Michael J. & Astrid 1. McManus
Page 2 of6
November 15,2005
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:
Shoreline
Plan Location or Reference
A
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 Surface 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.
Michael J. & Astrid I. McManus
Page 3 of6
November 15, 2005
4. No Sediment & Erosion Control Measures wIn 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. Riprap Installation & Drystack Wall
Drystack walls shall only be applied in areas where the cut bank is greater than
six vertical feet. For all areas where the cut bank is less than six vertical feet,
banks shall be laid back at a 2:1 slope and riprap applied at the water I land
interface (at full pool). Riprap shall be placed as a linear protective measure
upon the regarded slopes. Stone used in stabilization shall be a random size,
varying from Class B I II riprap up to 6 feet in diameter to provide additional
wildlife habitat. All exposed soils above the Riprap stabilized area shall be
replanted in accordance with the attached Guidelines for Riparian Buffer
Restoration.
7. Disturbed banks and a 25-foot vegetated zone, 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 '(1 0) to twelve (12) foot centers. Stream banks in these areas should
also be seeded with a native annual and perennial seed mix with a temporary
nursery crop of wheat, millet or other grain.
Michael J. & Astrid 1. McManus
Page 4 of6
November 15,2005
8. Equipment
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.
9. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. 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.
10. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric 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.
11. No Impacts Beyond those in Application
12. 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.
13. 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.
Michael J. & Astrid I. McManus
Page 5 of6
November 15,2005
14. Deed Restriction
Deed Restriction or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to impacts to wetland, water and
buffers located on the property. These mechanisms shall be put in place prior to
impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state . n c. us/n cwetl a nd s.
15.Property Access
As Duke Power Company owns part, or all, of the property on which this stabilization
activity will be taking place, or it is within the Federal Energy Regulatory Commission
Project Boundary, this Water Quality Certification is only valid after the written
authorization of Duke Power Company has been obtained through their permitting
process, granting access to perform these stabilization activities on their property or
within the Federal Energy Regulatory Commission Project Boundary. Failure to
obtain the above written authorization from Duke Power Company, any stabilization /
fill / dredging which takes place on Duke Power Company property will be
considered a violation of the issue Water Quality Certification.
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 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.
Michael 1. & Astrid 1. McManus
Page 6 of6
November 15,2005
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
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Division of Water Quality
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Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
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NOV 1 8 2005 '!J
cc:
Beth Mosteller
Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
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Filename: McManus.Jackson.GC3373.Approval