20150003 Ver 1_Approval Letter_20150204

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
February 4, 2015
DWR:# 15 -0003
Wilkes County
NC DACS Division of Soil & Water Conservation
Attn: Daphne Cartner
PO Box 845
Mocksville NC 27028
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Benton EQIP Stream Project
Dear Ms. Cartner:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on December 30, 2014, with
subsequent information on February 3, 2015. 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 13 or 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 certifications) 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
2554
Winston -Salem Regional Office
Location: 450 W. Hanes Mill Rd, Suite 300. Winston - Salem, North Carolina 27105
Phone: [phone]M FAX: 336 - 776 -9797\ Customer Service: 1-877-623-6748
Internet: http: / /portal,ncdenr.org /web /wq /ws
An Equal Opportunity \ Affirmative Action Employer

NC DACS DS &W
DWR# 15 -0003
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 designer 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. Stream bed habitat material, such as cobble and gravel, should be harvested from
abandoned channels and relocated to new channels to the maximum extent practicable.
[15A NCAC 02H .0506(b)(2)]
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 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)]
6. This authorization exempts the Permittee from meeting Condition #7 in the attached
general certification for the placement of in- stream structure material into the unnamed
tributary to Little Hunting Creek. The Permittee shall take all reasonable measures to
construct in- stream structures while keeping heavy equipment out ofithe 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. [15A
NCAC 02H .0506(f)]
This approval and its conditions are final and binding unless_ contested. [G.S. 143 - 215.5]
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

NC DACS DS &W
DWR# 15 -0003
401 APPROVAL
Page 3 of 3
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
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- 776 -9693 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: Terry L. & Janice B. Benton, 2961 Old 60 Hwy, Ronda, NC 28670
Tasha McCormick,USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit

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