20150435 Ver 1_Approval Letter_20150601

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 1, 2015
Resource Institute
Attn: Charles Anderson
2714 Henning Dr.
Winston Salem NC 27106
DWR # 15 -0435
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Vannoy Stream Restoration Project
Dear Mr. Anderson:
You have our approval for the impacts listed below for the purpose described in your
application dated April 22, 2015, received by the Division of Water Resources (Division) May 4,
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
760 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.
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
Winston -Salem Regional Office
Location: 450 `Al. Hanes PAill Rd. Suite 306. 'Jinsmn- Salem, North Carolina 27105
Phone: 336- /!6-98W FAX: [phone]'C ustomer Serwe:1 -811 -623 -6748
Intemet: htto: poral.::cden:..orgivjebivvgn is
An Equal Oaoortunity Affirmative kJon Employer

Resource Institute
DWR# 15 -0435
401APPROVAL
Page 2 of 4
Certification(s) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02B .0507(d)(2)]
3. The Winston Salem Regional Office shall be notified in writing once construction at the
has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
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 October 15 through April 15. However
supplemental planting can occur during this period [15A NCAC 02H .0506 (b)(2) and 15A
NCAC 0413 .0125]
5. The permittee will provide on -site supervision of stability work including, but not limited
to bank re- sloping, culvert installation, in- stream structure placement, and riparian zone
re- establishment, by an appropriately trained individual. [15A NCAC 02H .0506(b)(2)]
6. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing. [15A NCAC 02H .0506(b)(2)]
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
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 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)]
9. 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 Old Fields Creek. 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)]

Resource Institute
DWR# 15 -0435
401APPROVAL
Page 3 of 4
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 1506 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).
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, FedEx, 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

Resource Institute
DWR# 15 -0435
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336 -776 -9693 or sue.homewood @ncdenr.gov if you have any
questions or concerns.
Sincerely,
-P, W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: Adam Williams, BFEC (via email)
Russell Vannoy, 125 Maplewood Dr, West Jefferson 28694
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit