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Home My WebLink About20181349 Ver 1_Approval Letter_20190122ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Direcmr NORTH CAROLINA Envtratu entat Quality January 22, 2019 DWR # 18-1349 Yadkin County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street Raleigh, North Carolina 27699 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Mill Dam Creek Dear Mr. Xu: You have our approval for the impacts listed below for the purpose described in your application dated December 13, 2018, received by the Division of Water Resources, December 20, 2018. These impacts are covered by the attached Water Quality General Certification Number 4134 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 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)] North Carolina Department of Environmental Quality I Division of Water Resources .rw.re D E 51Z North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 276991617 919.707.9000 Mill Dam Creek Site DWRA 18-1349 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404 401 Wetlands W1 0.01 acres 0 acres W2 0 0.02 W3 0 0.01 W4 0 0.02 W5 0 0.01 W6 0 0.01 W7 0 0.005 W8 0 0.04 Total 0.01 0.115 Streams S1 100 linear feet 5656 linear feet S2 25 765 S3 0 746 S4 0 282 S5 0 378 S6 0 151 S7 25 104 S8 0 50 S9 25 651 S10 0 97 S11 25 335 S12 25 516 S13 0 258 S14 0 133 Total 225 10,122 Open Water 01 0.44 acres 0 acres Total 0.44 0 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 Mill Dam Creek Site DWR# 18-1349 Page 3 of 4 property is sold, the new owner must be given a copy of this approval letter and General Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 4. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0506(h) 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Mill Dam Creek Site DWR# 18-1349 Page 4 of 4 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 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 Mac Haupt at 919-707-3632 or mac.haupt@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supe"isor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Tim Morris, KCl Todd Tugwell, USACE Raleigh Regulatory Field Office Sue Homewood, DWR Raleigh Regional Office 401 file DWR 401 & Buffer Permitting Branch file Filename: 181349Mi11DamCreek(Yadkin)_401_approva] letter.lanuary 22, 2019.docx