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Home My WebLink About20120796 Ver 1_Approval Letter_20121003�� MC®EHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary October 3, 2012 DWQ# 12 -0796 Surry County Rocky Powell Clear Creeks Consulting LLC 1317 Knopp Rd Jarrettsville, MD 21084 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Powell, You have our approval to conduct stream restoration and enhancement activities for the Big Creek II Project, in accordance with the attached conditions, along a total of approximately 4515 existing linear feet of Big Creek and three unnamed tributaries of Big Creek located near Mount Airy, NC in Surry County, as described in your application received by the Di�Asion of Water Quality on August 23, 2012 and additional September , After reviewing your application, we have determined that this activity is covered by General Water Quality Certification Number "3885, which can be viewed on our web site at http:// www. ncwatgrqualiiorg /wetlands.htrnl. This Certification allows you to use Nationwide Permit Number 13 or 27 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have 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. For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Location Identifier Amount Approved ' Type of Impact Big Creek 2591 linear feet Bank stabilization, see design. Big Creek 1350 linear feet Restoration and relocation, see design. UT 1 & UT 2 349 linear feet Restoration and relocation, see design. UT 3 225 linear feet Restoration and relocation, see design. North Carolina Division of Water Quality, Winston -Salem Regional Office Location. 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336- 771 -50001 FAX. 336- 771 -46301 Customer Service: 1-877-623-6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Big Creek II Restoration DWQ# 12 -0796 October 3, 2012 Page 2 of 4 2. The Permittee shall satisfy the request by NC Wildlife Resources Commission regarding a mussel survey to be conducted prior to commencing construction. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the placement of in- stream structure material into the Big 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. 4. 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. 5. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practical. 6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. 7. 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 it is determined that all structures and stream banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and downstream waters. 8. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Winston -Salem Regional Office of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs showing the restored stream reach. 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 which 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. Big Creek II Restoration DWQ# 12 -0796 October 3, 2012 Page 3 of 4 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Sue Homewood in the DWQ Winston -Salem Regional Office at 336 - 771 -4964. Sincerely, �jCharles Wakild, P.E., Director Division of Water Quality cc: Gordon Rogers, 447 Albion Church Rd, Mt. Airy, NC 27030 Don Brannock, 332 Albion Church Rd, Mt. Airy, NC 27030 James Polk, 245 Patchwork Lane, Mt. Airy, NC 27030 Bruce Tilley, 118 Garden Grove Lane, Mt. Airy, NC 27030 Monte Matthews, USACE Raleigh Regulatory Field Office (via email) DWQ Winston -Salem Regional Office DWQ Wetlands /40.1 Big Creek II Restoration DWQ# 12 -0796 October 3, 2012 Page 4 of 4 DWQ Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No.