20141287 Ver 1_Approval Letter_20150112

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 12, 2015
USDA Forest Service
Attn: Brady Dodd
160 Zillicoa Street, Suite A
Asheville NC 28801
Donald R. van der Vaart
Secretary
DWR # 14 -1287
Randolph /Montgomery County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Big Creek Stream Enhancement & Aquatic Organism Passage Improvements
Dear Mr. Dodd:
You have our approval for the impacts listed below for the purpose described in your
application dated December 11, 2014, received by the Division of Water Resources (Division)
December 15, 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 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 [15A NCAC 02B .0506(b)(c)].
Impact Area
Temporary /Permanent
Impact Amount
Streams
Permanent
1,194 linear feet
Winston -Salem Regional Office
Location: 450 W. Hanes Mill Rd, Suite 300. Winston - Salem, North Carolina 27105
Phone: 336 - 776 -98001 FAX: 336 - 776 -9797\ Customer Service: 1-877-623-6748
Internet: http: / /portal.ncdenr.org /web /wglws
An Equal Opportunity \ Affirmative Action Employer

USDA Forest Service
DWR# 14 -1287
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. [15A NCAC 02B .0507(d)(2)]
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. [15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H .0506(b)(2)]
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can
entrap small animals. [15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H .0506(b)(2) and (b)(3)]
7. The permittee shall ensure that mature trees within the buffer areas will be protected as much
as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
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:Hwww.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.

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
USDA Forest Service
DWR# 14 -1287
401 APPROVAL
Page 3 of 3
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:
John Evans, 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 [e-mail] if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR FRO 401 files
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit