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Home My WebLink About20130188 Ver 1_Approval Letter_20141121NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary November 21, 2014 DWR #13 -0188 Macon County Mr. Jerry Lee Parrish 4956 Upper Bumingtown Road Franklin, NC 28734 Mr. Lin Xu North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Cochran Branch Stream Restoration Project Dear Mr. Parrish and Mr. Xu: In accordance with your application dated October 7, 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. 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. Water Qu9llty Regional Operations — Asheville Regional Olfce 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 29646001 FAX: 828- 299 -7043 Internet hlp9lpoialacdenr org4eEhvgi An Equal opportunity \Aflinnativa Action Employer Plan Location or Type of Impact Amount Approved - Reference Permanent Stream 1,564 linear feet Application Item C.3 Wetlands 0.061 (acres) Application Item C:2 Water Qu9llty Regional Operations — Asheville Regional Olfce 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 29646001 FAX: 828- 299 -7043 Internet hlp9lpoialacdenr org4eEhvgi An Equal opportunity \Aflinnativa Action Employer Mr. P.0 and Mr X. Navembe 21,2014 Nge2d3 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 maybe required to submit anew 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. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality Certification means that DWR has determined that the proposed activity will not remove or degrade significant existing uses of the surface water (15A NCAC 2H .0506(a)). The issuance does not represent an approval of credit yield for the project. 3. Monitoring shall be conducted in accordance with the approved final mitigation plan dated September 2014. If monitoring indicates that all or portions of the project are failing to meet one or more of the required success criteria, the monitoring report must provide a remedial action plan to address the deficiency. The remedial action plan, at a minimum, must describe the failure, the source or reason for the failure, a concise description of the corrective measures that are proposed, and a timeframe for the implementation of the corrective measures. 4. The proposed project must comply with the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated November 12, 2014. S. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. ;0200, Appropriate sediment and erosion control practices must be used to meet this standard 6. The designer or his designee must supervise the installation of in- stream structures. - The permittee will provide on -site supervision of stability work including, but not limited to bank re- sloping, in- stream structure placement, and riparian zone re- establishment, by an appropriately trained individual. 7. Please notify Tim Fox in the Asheville Regional office 72 hours prior to starting construction regarding this project. 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. Mr. Parrish and W. Xo Mov .bar 21, 2014 Page 3 of 3 A petition form may be obtained from the OA14 at http://www.ncoah,c 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 OAR 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 as described in 15A NCAC .0500. Please contact Mr. Tim Fox at 828- 296 -4664 or fim.f6x@ncdenr.gov 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: D WR ARO 401 files Environmental Banc & Exchange cc: Grant Ginn, Wolf Creek Engineering David Brown, USACE Asheville Regulatory Field Office Virginia Baker, Mitigation Coordinator, DWR Laura Herbert, DEMLR GAWR\WQ\M conWGIMoa- D0T \Gochmn Bm eb Stream Ratotation\APRV1,401.Cochmn ranchl 120M 14.dn i