20090049 Ver 2_Approval Letter_20131101

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations
Pat McCrory Thomas A. Reeder John E. Skvarla, III
{
Governor Director Secretary
November 1, 2013
D W R # 09 -0049 v2
Alleghany County
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NC Ecosystem Enhancement Program
Attn: Lin Xu
217 West Jones St, Suite 3000A
Raleigh NC 27603
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Glade Creek II Restoration Project
Dear Mr. Xu:
You have our approval for the impacts listed below for the purpose described in your
application dated July 30, 2014, received by the Division of Water Resources (Division) July 30,
2013 with subsequent information on October 1, 2013. 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, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts:
Type of Impact
Temporary /Permanent
Approved impact (units)
Stream
Permanent
12,471 linear feet
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX: [phone]Customer Service: 1-877-623-6748
Internet: www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employer

NCEEP
DWR# 09 -0049 Q
401APPROVAL
Page 2 of 4
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.
3. 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.
4. The issuance of the 401 Water Quality Certification for the restoration /enhancement
project does not represent an approval of credit yield for the project.
5. Monitoring shall be conducted in accordance with the approved mitigation plan dated
December 12, 2008. If monitoring indicates that all or portions of the project are failing
to meet one or more of the required success criteria, the monitoring report must
provide a remedial action plan to address the deficiency. The remedial action plan, at a
minimum, must describe the failure, the source or reason for the failure, a concise
description of the corrective measures that are proposed, and a timeframe for the
implementation of the corrective measures.
The proposed preservation reach (UT to Glade R1) does not meet the requirements outlined in
the December 5, 2012 document "Use of Stream Preservation as Compensatory Mitigation in
North Carolina" (NC Interagency Review Team), based on the width of the proposed riparian
buffer on one side and the overall quality of the riparian area. Therefore, the Division does not
consider this reach (129 linear feet) suitable to provide compensatory mitigation for impacts
approved under a 401 Water Quality Certification issued by the Division.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.

NCEEP
DWR# 09 -0049 v2.
401 APPROVAL
Page 3 of 4
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: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh; NC 27609 -6285
1
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Resources under section 401 of the
Clean Water Act. Please contact Sue Homewood at 336- 771 -4964 or
Sue. [e-mail] if you have any questions Or concerns.
Sincerely,
d.
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
Certificate of Completion