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Home My WebLink About20150352 Ver 1_Approval Letter_20150507Pat McCrory Governor May 7, 2015 Kristin Bail, Forest Supervisor USDA Forest Service 160 Zillicoa Street, Suite A Asheville, North Carolina 28801 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Simpson Creek Stream Enhancement Project, Morganton, NC Dear Ms. Bail: Donald R. van der Vaart Secretary DWR # 15 -0352 Burke County You have our approval for the impacts listed below for the purpose described in your application dated April 10, 2015, and received by the Division of Water Resources (Division) on April 16, 2015, with subsequent information on May 4, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3885 and the additional conditions listed below. This certification is associated with the use`of Nationwide Permit Numbers 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 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, General Permitand /or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NC AC 02H .0506(b) and /or (c)] Division of Water Resources — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043 Internet: hitp:Hportal.ncdenr.org /web /wq /ws An Equal Opportunity\ Affirmative Action Employer Simpson Crk Stream Enhancement DWR# 15 -0352 401 APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream Impact S1 270 (linear feet) Impact S2 180 (linear feet) Impact S3 60 (linear feet) Impact S4 50 (linear feet) 2. This approval is for the purpose and design described in your application and additional information submitted on May 4, 2015. The plans and specifications forthis 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) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The designer or his designee shall supervise the installation of in- stream structures. [15A NCAC 02H .0506(b)(2)] 4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 5. 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, 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 026 .0200 (3)(f), and GS 143 Article 21A] 6. All temporary impacted areas shall be restored to pre- construction natural conditions upon completion of the project. Native vegetation shall be used for stream bank stabilization. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. 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 to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)] Simpson Crk Stream Enhancement DWR# 15 -0352 401 APPROVAL Page 3 of 4 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 1506 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. 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: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Ed Williams at 828 -296 -4662 or ed.williams @ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Simpson Crk Stream Enhancement DWR# 15 -0352 401 APPROVAL Page 4 of 4 -� Enclosures: GC 3885 Certificate of Completion cc: Brady Dodd, USFS bdodd @ds.fed.us (via email) Tasha Alexander — 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 \Burke \401s \Non- DOT\Simpson Creek Stream Enhancement\ APRVL. 401Si mpsonCreekStreamEnhancement _05- 07- 15.doc