20190857 Ver 1_Approval Letter_20191001

October 1, 2019

DWR # 19-0857
McDowell County

USDA Forest Service
Attn: Brady Dodd
160 Zillicoa Street
Asheville, NC 28801

Roger Allison, Jeffery Scott Allison, and David Lynn Allison
948 Mike Circle
Spartanburg, SC 29303

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Swannanoa Creek Stream Enhancement

Dear Sirs:

You have our approval for the impacts listed below for the purpose described in your application
dated June 25, 2019, and received by the Division of Water Resources (Division) on June 25,
2019, with the required fee received on July 3, 2019, and additional information received on
August 20, 2019. These impacts are covered by the attached Water Quality General Certification
Number 4134 and the additional conditions listed below. This certification is associated with the
use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations.

This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:

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)]

DocuSign Envelope ID: 0601E862-1699-4EC0-BAB9-4D582838BB5C

Swannanoa Creek Stream Enhancement
DWR# 19-0857
401 Approval
Page 2 of 5

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary

Stream Impact
Impact S1 1200 (linear feet) 0 (linear feet)

2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate fee.
If the property is sold, the new owner must be given a copy of this approval letter and
General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]

3. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated July 12, 2019
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]

4. The stream is a Class C; Trout Waters. In order to protect downstream uses for Class C;
Trout Waters, a requirement of this Certification is that any work conducted within the
stream may not occur between the dates of January 1 through April 15. [15A NCAC
02H .0506 (b)(2) and 15A NCAC 04B .0125]

5. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. [15A NCAC 02B .0200]

6. The designer or his designee shall supervise the installation of in-stream structures. [15A
NCAC 02H .0506(b)(2)]

7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. Exceptions to this condition require
application to and written approval from DWR. [15A NCAC 02B .0201]

8. Visual monitoring of the stabilization project shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually until the site is stable (particularly after storm events) and vegetation is
successful. Any failures of structures, stream banks, or vegetation may require future
repairs or replacement, which requires coordination with the Asheville Regional Office
DocuSign Envelope ID: 0601E862-1699-4EC0-BAB9-4D582838BB5C

Swannanoa Creek Stream Enhancement
DWR# 19-0857
401 Approval
Page 3 of 5

to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]

9. All temporary impacted areas shall be restored to pre-construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)]

10. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]

11. The permitee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A
NCAC 02H .0506 (b)(2) and (c)(2)]

12. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.

DocuSign Envelope ID: 0601E862-1699-4EC0-BAB9-4D582838BB5C

Swannanoa Creek Stream Enhancement
DWR# 19-0857
401 Approval
Page 4 of 5

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.
Mailing address for the OAH:

If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DENR:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Amy Annino at 828-296-4656 or
[e-mail] if you have any questions or concerns.

Sincerely,

Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

DocuSign Envelope ID: 0601E862-1699-4EC0-BAB9-4D582838BB5C

Swannanoa Creek Stream Enhancement
DWR# 19-0857
401 Approval
Page 5 of 5

Enclosures: GC 4134
Certificate of Completion
NCWRC letter dated July 12, 2019

cc: Amanda Fuemmeler – USACE Asheville Regulatory Field Office (via email)
Andrea Leslie – NCWRC (via email)
Stan Aiken – DEMLR (via email)
DWR ARO 401 files

G:\WR\WQ\McDowell\401s\Non-DOT\Swannanoa Creek Stream Enhancement\20191001_Swannanoa Creek Stream
Enhancement_APRVL.docx
DocuSign Envelope ID: 0601E862-1699-4EC0-BAB9-4D582838BB5C