20150630 Ver 1_Approval Letter_20150625

A4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 25, 2015
Valle Crucis Community Park
Attn: Caroline Gandy, Executive Director
PO Box 581
Valle Crucis NC 28691
DWR # 15 -0630
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Dutch Creek Stream Restoration Project
Dear Ms. Gandy:
You have our approval for the impacts listed below for the purpose described in your
application dated June 8, 2015, received by the Division of Water Resources (Division) June 16,
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, 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
Dutch Creek Permanent 720 linear feet
UT to Dutch Creek Temporary 30 linear feet
Winston-Salem Regional Office
Location: 450 ,V Hanes (till Rd. Suite 300. Wins on- Salem. Noith Carolina 27105
Phone: 336 - 776 -98004 FAX: [phone]; Customer Se +vice: 1 -87 7- 623 -6748
Internet httn:' ponaLncdenr,orCji +NP,t) /Wfa1lV5
An Equal Opportunity +, Affirmalive Action = mployer

Valle Cruds Community Park
D W R# 15 -0630
401APPROVAL
Page 2 of 4
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 Winston Salem Regional Office shall be notified in writing once construction at the
site has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
4. The stream is a Class B, Trout Waters. In order to protect downstream uses for Class B,
Trout Waters and to protect the local breeding population of Eastern Hellbender, a
requirement of this Certification is that any work conducted within the stream may not
occur between the dates of August 1 through April 15 unless NCWRC provides an
exemption to these dates. Supplemental planting can occur during this period. [15A
NCAC 02H .0506 (b)(2) and 15A NCAC 0413 .0125]
5. 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)]
6. 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)]
7. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
8. Visual monitoring of the stabilization project, including restoration of UT to Dutch Creek,
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)]

Valle Cruds Community Park
DWR# 15 -0630
401 APPROVAL
Page 3 of 4
9. This authorization exempts the Permittee from meeting Condition #7 (dewatering) in
the attached general certification for the placement of in- stream structure material into
the Dutch Creek. The Permittee shall take all reasonable measures to construct in-
stream structures while keeping heavy equipment out of the 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 - 215.51
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, Fed Ex, 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

Valle Crucis Community Park
DWR# 15 -0630
401 APPROVAL
Page 4 of 4
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 sue.homewood(@. ncdenr.eov 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: Adam Williams, BFEC (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
Watauga.County Board of Education, Valle Crucis Elementary School, PO Box 1790,
Boone NC 28607
Valley Landing Owners Assoc., PO Box 554, Valle Crucis NC 28691
John & Faye Cooper, PO Box 714, Valle Crucis NC 28691
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit