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Home My WebLink About20051895 Ver 1_Approval Letter_20051115 o'f WA I~IY o~M' Oc. (;j( 'Y - I > - - ,--~-~,-,='" -j o \t---~ " 'I;.....~- "-~ 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, R:~~~~~F Division of Water Quality AWKlkhb Enclosures: GC 3373 Certificate of Completion Guidelines to Riparian Buffer Restoration m@@@llWillliDl 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 . DEI~'R - I'fir- I,'ETI.JJ;D;)/J;D sTct;.~.9.U,~UTY '\""..,TL:R CRAIiCH Filename: McManus.Jackson.GC3373.Approval