20140774 Ver 1_Approval Letter_20140826

A AJA
NC®ER V/
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 26, 2014
Colleen Peek
1209 Jenkins Valley Road
Alexander, NC 28701
Resource Institute, LLC
Attn: Charles Anderson
2714 Henning Dr.
Winston - Salem, NC 27106
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Peek Site Stream Enhancement
Dear Ms. Peek and Mr. Anderson:
John E. Skvarla, III
Secretary
DWR # 14 -0774
Buncombe County
In accordance with your application dated July 11, 2014 received on July 29, 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
Amount Approved
Temporary
Permanent
Stream
900 (linear feet)
(linear feet)
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -45001 FAX: 828 - 299 -7043
Internet, hftp: / /portal.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

Resource Institute, LLC
August 26, 2014
Page 2 of 3
ADDITIONAL CONDITIONS
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. The designer or his designee shall supervise the installation of in- stream structures.
3.. The permittee 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.
4. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals.
5. 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 Asheville Regional Office.
6. 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 into
Newfound 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 hqp: / /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 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.

Resource Institute, LLC
_August 2k 2014
Page 3 of 3
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 as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or [e-mail] if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Aaron Earley — Wildlands Engineering (via email)
Tasha Alexander - Asheville Regulatory Field Office (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
DocumeG:\ WR \WQ\Buncombe \401s\Non- DOT\Peek Site - Stream Enhancement\APRVL.40IPeekSite 8 -20 -14 docntl