HomeMy WebLinkAbout20150696 Ver 1_Approval Letter_20150804Aw
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 4, 2015
New River Conservancy
Attn: Chelsea Blount
PO Box 1480
West Jefferson, NC 28694
DW R # 15 -0696
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lambert Property Stream Stabilization
Dear Ms. Blount:
You have our approval for the impacts listed below for the purpose described in your
application dated July 13, 2015, received by the Division of Water Resources (Division) July 15,
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 13 or 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 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 02B .0506(b)(c)J
Impact Area Temporary /Permanent Impact Amount
Streams Permanent 120 linear feet
Winston -Salem Regional Office
Location: 450 W. Hanas NMI Rd; Sprite 300. Winston-Salem, North Carolina 27105
P! one: 336 - 776 -0_8001 FAX: 336 -R6- 97971 Customer Sevice: 1- 877 - 623.6748
Internet htt :' per?ai.r.cdenr orgiweblwgiws
An Eguai OpponLinity Affirmative Action Employer
Lambert Project
DWR# 15 -0696
401 APPROVAL
Page 2 of 3
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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02B .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in- stream structures.
[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 additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
[15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B.01251
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)]
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).
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
Lambert Project
DWR# 15 -0696
401 APPROVAL
Page 3 of 3
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- 776 -9693 or sue.homewood{@ncdenr.gov if you have any
questions or concerns.
Enclosures: GC 3885
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
cc: Dennis Keith Lambert & Willie Baucom (via email)
Glenn Sullivan, Foggy Mtn Nursery (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit