HomeMy WebLinkAbout20140758 Ver 1_Approval Letter_20140922�i 17 0 L At
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 26, 2014
Rachel E. Hall Townsend
30 Kimberely Ln.
Newland, NC 28657
Resource Institute, LLC
Attn: Charles Anderson
2714 Henning Dr.
Winston- Salem, NC 27106
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Townsend Stream Enhancement
Dear Ms. Townsend and Mr. Anderson:
John E. Skvada, III
Secretary
DWR# 14 -0758
Avery County
In accordance with your application dated July 11, 2014 received on July 21, 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 certifications) 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.
IMPACTSAPPROVED
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
1,790 (linear feet)
(linear feet)
Water Quality Regional Operations — Asheville Regional OKce
2090 US Hwy 70, Swannanca, NO 28778
Phone: 828- 298-0500 \ FAX: 828- 299 -7043
Internet htp:llpodaLncdenr.orgAvelOwc Ams
An Equal Opportunity 1 Affirmative Action Employer
Resource Institute, LLC
August 26, 2014
Page 2 d3
ADDITIONAL CONDITIONS
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 Cer tification(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. 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 the North Toe River. The
Pemrittee 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 Perrnittee
of meeting stream standards as indicated in 15A NCAC 02B.
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
stomi 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.
7. The stream is a Class WS -V Trout Water. In order to protect downstream uses for Class WS -V Trout
Waters a requirement of this Certification is that any additional work conducted within the stream may not
occur between the dates of October 15 through April 15.
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 httn: / /www.ncoab.co 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.
Rucume Institute, LLC
' AugW26,2014
Pnge 3 of ,
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 tim.fox@mdem.eov 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 Inc. (via email)
Tasha Alexander - USACE Asheville Regulatory Field Office (via email)
DWR ARO 401 files
D WR 401 and Buffer Permitting Unit
DG: \WR \WQWvery \401sWomDOT \Townsend stmem enhucement4APRVL .401TownsendStmam.dococumentl
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