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Home My WebLink About20140850 Ver 1_Approval Letter_20140909R171LEM North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary September 8, 2014 DWR # 14 -0850 Polk County Hilda and Phillip Pleasants 2738 Lynn Road Lynn, NC 28782 Michael Smith Resource Institute, Inc. 2714 Henning Drive Winston - Salem, NC 27106 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION North Pacolet River Restoration Dear Mr. and Ms. Pleasants and Mr. Smith: In accordance with your application dated August 6, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions listed below. Project 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 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or otherwise comply with any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations. IMPACTS APPROVED 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 Amount Approved Permanent Stream 1279 (linear feet) ADDITIONAL CONDITIONS Water Quality Regional Operations— Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -45001 FAX: 828 - 299 -7043 Internet: http: / /portal.nedenr.orgtweb /wq/ws An Equal Opportunity 1 Affirmative Action Employer North Pacolet River Restoration. September 8, 2014 Page 2 of 3 1. 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/Authorization. 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. 2. This authorization exempts the Permittee from meeting Condition #7 (Work in the Dry) in the attached general certification for the placement of in- stream structure material. 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. 3. No construction moratorium associated with the Trout classification is required, per the NC Wildlife Resources Commission. 4. Visual monitoring of the 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 repair or replacement; such activities must be coordinated with the Asheville Regional Office. 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:OOam and 5 :00pm, 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 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: North Pacolet River Restoration September 8, 2014 Page 3 of 3 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 as described in 15A NCAC .0500. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranford cr ncdenr.gov if you have any questions or concerns. Sincerely, 'i G. Land Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3885 Certificate of Completion cc: DWR ARO 401 files DWR 401 and Buffer Permitting Unit ec: Melissa Ruiz - Stantec William Elliott- USACE Asheville Regulatory Field Office G: \WR \WQ\Polk \401s \Non- DOT\North Pacolet - Pleasants\APRVL.9.8.14.docx