20140657 Ver 1_Approval Letter_20140723

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 23, 2014
The Resource Institute Inc
Attn: Charles Anderson
2714 Henning Dr.
Winston Salem, NC 27106
John E Skvarla, III
Secretary
DWR # 14 -0657
Alleghany County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Potato Creek Stream Restoration
Dear Mr Anderson:
You have our approval for the impacts listed below for the purpose described in your
application dated June 25, 2014, received by the Division of Water Resources (Division) June 27,
2014 , with subsequent information on July21, 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 /Permane"1,236
Impact Amount
Streams
Permanent
linear feet
Winston -Salem Regional Office
Location 585 Waugntown St Winston- Salem, North Carolina 27107
Phone [phone] + FAX 336- 771 - 4630 `, Customer Service 1-877-623-6748
Internet, http.,poral ncdenrorglweblwgiws
An Equal Opportunity \ Affirmative Action Employer

The Resource Institute, Inc
DWR# 14 -0657
401 APPROVAL
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. The designer or his designee shall supervise the installation of in- stream structures.
4. 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.
5. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals.
6. 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.
7. 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 Potato 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 5:00pm, excluding official
state holidays).

The Resource Institute, Inc
DWR# 14 -0657
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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
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.
I
Enclosures: GC 3885
Sincerely,
�Y► W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
cc: Martha Holder, 1733 Piney Post Office Rd, Piney Creek, NC 28663
Kevin Tweedy, Ecosystem Planning and Restoration (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit