20150189 Ver 1_Approval Letter_20150327

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NC®ER
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 26, 2015
Carolina Mountain Land Conservancy
Attn: Kieran Roe
847 Case Street
Hendersonville, NC 28792
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Hyder Pasture Bog Restoration
Dear Mr. Roe:
Donald R. van der Vaart
Secretary
DWR # 15 -0189
Henderson County
You have our approval for the impacts listed below for the purpose described in your application dated
February 9, 2015, received by the Division of Water Resources (Division) on February 13, 2015, and additional
information provided by email on March 25, 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 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, Water Supply Watershed, and
Trout Buffer 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, General Permit and /or Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands
(acres)
0.26 (acres)
Water Quality Regional Operations— Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296-45001 FAX: 828 - 299 -7043
Internet: http :/lportal.ncdenr.org/web /wglws
An Equal Opportunity 1 Affirmative Action Employer

Carolina Mountain Land Conservancy
March 26, 2015
Page 2 of 3
2. This approval is for the purpose and design described in your application and additional information
provided. 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. [15A NCAC 02H .0507(d)(2)]
3. All avoided wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to
any land disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
4. 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. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H.0507 (c)]
5. The designer or his designee shall supervise the installation of in- stream structures. [15A NCAC 02H
.0506(b)(2)]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(2)]
7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or
other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee /contractor
shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the
Asheville Regional Office at (828) 296 - 4500 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B.0200
(3)(f), and GS 143 Article 21A]
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 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.

Carolina Mountain Land Conservancy
March 26, 2015
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:
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 as described in 15A
NCAC .0500. Please contact Zan Price at 828 - 296 -4662 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: Grant Ginn — Wolf Creek Engineering (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Laura Herbert - Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
G: \WR \WQ\Henderson \401s\Non- DOT \Ryder Pasture Bog Restoration\ APRVL .401HyderPasture_03- 26- 15.doc