20131177 Ver 1_Approval Letter_20140218

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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
February 18, 2014
NC Ecosystem Enhancement Program
Attn: Tim Baumgartner
217 West Jones St, Suite 3000A
Raleigh NC 27603
DWR # 13 -1177
Aiarnance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
UT Cane Creek Restoration Project
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your
application dated January 7, 2014, received by the Division of Water Resources (Division)
January 13, 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 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
Erasion Control, IVon- Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the iuilowiiig additional condi6olls.
The following impacts are hereby approved provided that all of the other specific and
7elleia l,iilllllllVl'li)I llkl,Clf,llil ;dlJlail; �_lEIlet�dilPE- mitaiil:/oi Bi_i'lit, I\U;eSfl1Ci . i, 114
oLfler kri.paCls are approved, including incideniai impacis.
Type of limpact
Temporary /Peri -nanent
Approved Impact funits),
Stream
Permanent
6,170 linear feet
Wetland
Temporary
0.38 acres
Winston -Saiem Regional Office
Lccstion 58` Waughlown St Winston- S,dem, %ith Carcfna 27107
Phone 336-,71 YW \ FAX 336 %%1- 4,.30'x, Customer Se vice. 1- 8/7623 6748
intern,A www.ncwatergualiti org

NCEEP
DWR# 13 -1177
401APPROVAL
Page 2 of 3
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. You have our approval for your pioposeda final stream Nnhancements /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 this 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
January 2014. 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 titefrarine for the implementation of
the corrective measures.
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
r`iiinv a written Detition for an administrative hearing to the Office of Adminisrraiive Hearir7R_s
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the
OAH c'lerk's Office at (919) 431 -3000 for informatinn 4 petition is con -red, fllQd �gihan the
cr!gln.al and one (1) copy along v ^ /ith ar v ar.pllcable OAF! filing {ee is received in the OAH during
hours �IlQ L1 �'`1 rt� ...tii wl- >--af i„= r4s-, f.r7 ,. h_�rS (1 :, ri (+ i.t'SJ1_� +. �i, ex .if ilii'c: 111 I. --. �
.ta t t. 1�vitdcl'y s�.
The petition may be faxed to the vAi, at (919) 431.31001, provided the original and one copy
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
NCEEP
DWR# 13 -1177
401APPROVAL
Page 3 of 3
If sending via delivery service (UPS, Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also he served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter corripietes 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,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
Enclosures: GC 3885
Certificate of Completion
cc: Kayne 'van Steil, Micnaei maker Engineering (via email)
Andy Williams, USACE Raleigh Regulatory Field Office (via email)
Todd i ugweii, Special Projects Manager, US Army Corps of Engineers USACE (via ernail)
DWR -W%"T WSRC 401 files
DWR -WQP 401 & Buffer Permitting Unit