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Home My WebLink About20140038 Ver 1_Approval Letter_20140128E XX i!C!kD E NR 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 January 28, 2014 DWR # 14 -0038 Watauga County 1 US Army Corps of Engineers, Huntington District Attn: Rebecca Rutherford 502 Eight St. Huntington, WV 25701 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Watauga Aquatic Ecosystem Restoration Project Dear Ms. Rutherford: You have our approval for the impacts listed below for the purpose described in your application dated January 6, 2014, received by the Division of Water Resources (Division) January 10, 2014. 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 27. 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 certifications) 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 South Fork New River Temporary &Permanent 3, 980 linear feet UT to South Fork New River Temporary & Permanent 590 linear feet 404/401 Wetlands' Temporary 0.11 acres 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.ncwateraualitv.oro An Equal Opportunity 1 Affirmative Action Employer US Army Corps of Engineers — Huntington District DWR# 14 -0038 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 Certification(s) /Permit /Authorization and is responsible for complying with all conditions. 3. The Winston -Salem Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 4. The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. 5. 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. 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 the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination. with the Winston Salem Regional Office to ensure the stability and water quality of the stream and downstream waters. 8. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. 9. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the placement of. in- stream structure material into the South Fork New River. 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. US Army Corps of Engineers - Huntington District DWR# 14 -0038 401APPROVAL Page 3 of 4 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. A petition form may 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 i state holidays). The petition may 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 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 - i 3 i i US Army Corps of Engineers Huntington District - DWR# 14 -0038 401 APPROVAL Page 4 of 4 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.Homewood @ncdenr.gov if you have any questions or concerns: Sincerely, W. Corey Basinger Regional Supervisor { Water Quality Regional Operations Division of Water Resources Enclosures: GC 3885 I Certificate of Completion cc: USACE Asheville Regulatory field Office (via email) DWR -WQP WSRO 401 files DWR -WQP Webscape Unit