20110821 Ver 1_Approval Letter_20111007

N
JA
A d
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Mr. Matt Jenkins
Wildland Engineering
1430 S. Mint Street, Suite 104
Charlotte, NC 28203
Subject: Lyle Creek Stream Restoration
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Jenkins:
Dee Freeman
Secretary
October 7, 2011
DWQ# 11-0821
Catawba County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 2.73 acre of wetland and 3,785 linear feet (If) of unnamed tributaries to Lyle Creek in order to
complete the restoration project Catawba County, as described in your application received by the Division of
Water Quality (DWQ) on September 7, 2011. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3689, which can be viewed on our web site
at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use 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.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. The plan proposes: 5,410 If of stream restoration, 1,337 If of stream enhancement, 6.6 acres of wetland
restoration, and 2.9 acres of wetland creation.
3. An aquatic survey (macro benthos, crayfish, etc.) shall be taken for each reach of the existing channels
prior to the initiation of the project. A follow up survey shall be conducted following the second year of
construction and annually thereafter upon close out of the project. This information shall be included in the
annual monitoring report.
Mooresville Regional Office One
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NorthCarolina
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748 y,? //?
Internet: http://portal.ncdenr.org/web/wq Natu` l
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4. The existing streambed material/substrate shall be excavated, stored, and placed in the newly
constructed stream channel as indicated in the application.
5. The buffer shall be properly marked and protected to prevent encroachment by machinery at the site.
Fencing, or at minimum "cable/rope", shall be utilized to delineate the boundary.
6. Signage for notifying the power company within their easement of the project shall be tall enough within the
buffer to be observed.
7. Wetland monitoring shall be clarified with the Army Corp of Engineers.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC DWQ.
9. Continuing Compliance. The applicant (Wildland Engineering) shall conduct all activities in a manner so as
not to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure
compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before
codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with
15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section
404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any
questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ms. Karen
Higgins in the Central Office in Raleigh 919-807-6360.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Karen Higgins, Wetlands Unit