20110913 Ver 1_Approval Letter_20111107

LE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor- - - - - - - -- - - - Director- - - -- Secretary
November 7, 2011
DWQ# 11 -0913
Cleveland County
Ms. Debbie Dotson
Resource Institute, Inc.
2714 Henning Dr.
Winston - Salem, NC 27106
Subject: Upper Kings Creek Restoration
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Dotson:
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 5.8 acres of wetland (temporary), 3,302 linear feet (If) of stream (temporary), and 16 acres of open
water to complete the proposed creek restoration project in Cleveland County, as described in your application
received by the Division of Water Quality (DWQ) on October 12, 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 ht-tp: / /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 project shall be inspected and repaired as needed following two bank full events to ensure the
structural Integrity of the conducted stream work. Any repairs to the stream and /or stream structures shall
also be inspected and repaired following two bank full events.
3. Deed notifications /restrictions and /or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer
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 //
Internet http / /portal ncdenr org /web /wq Vatut' lly
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate.
4. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion
of the stream banks.
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project.
6. 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.
7. Continuing Compliance. The applicant (Resource Institute, Inc.) 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 21-1s0503, 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
Matt Jenkins, Wildlands Engineering
MRO, Land Quality