20140157 Ver 1_Approval Letter_20140310

yxx
MUM
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional. Operations
Pat McCrory Thomas A. Reeder John E. Skvarla, 111
Governor Director. Secretary
March 10, 2014
DWR # 14 -0157
Watauga County
t
The Standard at Boone, LLC
Attn: Jeff Wakeman
16930 West Catawba Ave, Suite 206
Cornelius, NC 28031
j
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Stonegate Development Stream Restoration
Dear Mr. Wakeman:
You have our approval for the impacts listed below for the purpose described in your
application dated February 13, 2014, received by the Division of Water Resources (Division)
February 20, 2014, with subsequent information on March 7,'2014. These impacts are covered
bythe, attached Water Quality General Certification Number and the conditions listed below.
This certification is associated with the use of 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.
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 Amount Approved
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwateraualitv,orp
An Equal Opportunity 1 Affirmative Action Employer
(Units):
Approved impact. (units)
Stream
Temporary
20 linear feet
Stream
Permanent
904 linear feet
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: 336 - 771 -50001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwateraualitv,orp
An Equal Opportunity 1 Affirmative Action Employer

The Standard at Boone, LLC
DWR# 14 -0157
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 t0
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. In- stream construction shall be avoided from October 15 to April 15 of any year to
.� prevent harm to brown and rainbow trout that spawn downstream of the site.
a
4. The Winston Salem Regional Office shall be notified in writing once construction at the
approved impact areas has commenced.
5. The permittee shall provide for on -site supervision by the designer or their designee of
i stream channel construction activities including riparian zone re- establishment.
i -
6. 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.
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals.
8. 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.
9. Water shall not be released into any new channels until the stream and banks are
stabilized.
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 be obtained from the OAH at http:Hwww.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
a normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
2
I

The Standard at Boone, LLC
DWR# 14 -0157
401 APPROVAL
Page 3 of 3
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, Fed Ex, 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
a
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
[e-mail] if you have any questions or concerns.
Sincerely,
IJ
k
s�ofd.l�
1
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water'Resources
Enclosures: GC 3885
Certificate of Completion
cc: Derek Goddard, BREC (via email)
Tasha McCormick, USACE Asheville Regulatory Field Office (via email)
DWR -WQP WSRO 401 files
DWR -WQP Webscape Unit
L