HomeMy WebLinkAbout20140491 Ver 1_Approval Letter_20140610Aoa
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 10, 2014
Mr John Turner
4181 US Hwy 421N
Boone NC 28692
John E. Skvarla, III
Secretary
DWR # 14 -0491
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Turner Stream Restoration Project
Dear Mr Turner
You have our approval for the Impacts listed below for the purpose described in your application dated
May 13, 2014, received by the Division of Water Resources (Division) May 15, 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 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 are met No other Impacts are approved, Including incidental
Impacts.
Impact Area
Temporary/Permanent
Impact Amount
Streams
Permanent
1950 linear feet
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.
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 http / /portal ncdenrorg /web /wq /ws
An Equal Opportunity \ Affirmative Action Employer
John Turner
DWR# 14 -0491
401 APPROVAL
Page 2 of 3
3 In order to protect downstream uses for Class C, Trout Waters a requirement of this
Certification is that any work conducted within the stream may not occur between the dates of
October 15 through April 15
4 The designer or his designee will provide on -site supervision of stability work including, but not
limited to bank re- sloping, culvert installation, 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 This authorization exempts the Permittee from meeting Condition #7 (dewatering) in the
attached general certification for the placement of in- stream structure material into the Brushy
Fork 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.
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 150B 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 / /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 OOpm, 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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
John Turner
DWR# 14 -0491
401APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx,
etc)
Office of Administrative Hearings
1711 New Hope Church Road
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
This letter completes the review of the Division 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
cc Adam Williams, Brushy Fork Environmental Consulting Inc (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit