20141327 Ver 1_Approval Letter_20150115

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North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 15, 2015
Arcadia LLC
Attn: Michael Hough
124 Devotion Estate Way
Devotion NC 27017
DWR # 14 -1327
Surry County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Upper Mitchell River - Devotion Stream Enhancement Project
Dear Mr. Hough:
You have our approval for the impacts listed below for the purpose described in your
application dated December 19, 2014, received by the Division of Water Resources (Division)
December 29, 2014, with subsequent information on January 2, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3885 and the 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, and Water
Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) 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 02B .0506(b)(c)]
Impact Area
Temporary /Permanent
Impact Amount
Streams
Permanent
3,345 linear feet
Winston -Salem Regional Office
Location: 450 W. Hanes Mill Rd, Suite 300. Winston - Salem, North Carolina 27105
Phone: 336 - 776 -98001 FAX: 336 - 776 -97971 Customer Service: 1-877-623-6748
Internet: hftp: / /portal.ncdonr.org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer

Arcadia LLC
DWR# 14 -1327
401APPROVAL
Page 2 of
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.
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) /Permit /Autho.rization and is responsible for complying with all
conditions. [15A NCAC 02B .0507(d)(2)]
3. The stream is a Class B, ORW, Trout Waters. In order to protect downstream uses for Class B,
ORW, Trout Waters a requirement of this Certification is that any additional work conducted
within the stream may not occur before April 1, 2015. [15A NCAC 02H .0506 (b)(2) and 15A
NCAC 046 .0125]
4. The designer or his designee shall supervise the installation of in- stream structures. [15A NCAC
02H .0506(b)(2)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can
entrap small animals. [15A NCAC 02H .0506(b)(2)]
6. 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 Winston Salem Regional Office to ensure the stability and water quality of
the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)]
7. This authorization exempts the Permittee from meeting Condition #7 (dewatering) in the
attached general certification for the placement of in- stream structure material into the Upper
Mitchell River. The Permittee shall take all reasonable measures to construct in- stream
structures while keeping heavy equipment out of the stream channel. Stream flow will be
diverted around work areas as much as practicable. All reasonable steps must be taken to limit
the amount of.disturbance in the channel and to therefore reduce downstream turbidity during
construction. This exemption does not relieve the Permittee of meeting stream standards as
indicated in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
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.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 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).

Arcadia LLC
DWR# 14 -1327
401 APPROVAL
Page 3 of 3
The petition may be faxed to the OAH at (919) 431 -3100, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, Fed Ex, etc):
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:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336 - 771 -4964 or [e-mail] if you have any
questions or concerns.
Sincerely,
1 „ ,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: Kevin Tweedy, Ecosystem Planning and Restoration (via email)
David Shaeffer, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit

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