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Home My WebLink About20140335 Ver 1_Approval Letter_20150812=� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 12, 2015 NC Ecosystem Enhancement Program Attn: Tim Baumgartner 1652 Mail Service Center Raleigh NC 27699 -1652 DWR # 14 -0335 Alamance County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Aycock Springs Stream and Wetland Mitigation Site Dear Mr. Baumgartner: You have our approval for the impacts listed below for the purpose described in your application dated July 13, 2015, received by the Division of Water Resources (Division) July 22, 2015, with subsequent information on August 11, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885, the Jordan Buffer Rules 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 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 404/401 Wetlands Streams Buffers —Zone 1 Buffers — Zone 2 Temporary /Permanent Temporary Permanent Permanent Permanent 1Mnston -Salem Regionai Office Location: 45c W. Hanes Mill Ra, Suit2:300. Winston - Salem, Noith Carolina 27105 Phone: 336 -776- 9800 FAX: 336-776-97M Customer Service: 1 -877- 625 -6748 mterner http :J- ponai..cdenr.ergi%vebiwgiws An Equal Opportunity'. Affirmatve Action Employer Impact Amount 0.29 acres 3, 717 linear feet of existing stream 235,561 square feet 141,893 square feet NCEEP DWR# 14 -0335 401 APPROVAL 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 Certifications) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02S .0507(d)(2)] 3. You have our approval for your proposed final stream and wetland enhancements /restorations plan. The stream and wetland restorations /enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0500(h)] 4. The issuance of the 401 Water Quality Certification for the restoration /enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 5. Monitoring shall be conducted in accordance with the approved mitigation plan dated May 2015 and amended August 11, 2015. If monitoring indicates that all or portions of the project are failing to meet one or more of the required success criteria, the monitoring report must provide a remedial action plan to address the deficiency. The remedial action plan, at a minimum, must describe the failure, the source or reason for the failure, a concise description of the corrective measures that are proposed, and a timeframe for the implementation of the corrective measures. [15A NCAC 02H .0500(h) and 15A NCAC 02H .0506(b)(2) and (3) and (c)(2) and (3)] 6. The project includes the Priority 1 restoration of intermittent tributady UT3. As indicated in the May 2015 Final Mitigation Plan the applicant shall monitor the restored tributaries to ensure that the new channels maintain intermittent flow. In the event that intermittent flow is discontinued (e.g. conversion to an ephemeral, non- jurisdictional channel), the length of channel in which no flow is occurring shall be considered a permanent stream impact. If the non - flowing channel or channel segment exceeds 150 linear feet, mitigation may be required to compensate for the lost aquatic function. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] NCEEP DWR# 14 -0335 401 APPROVAL Page 3 of 4 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 htto: / /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 Yone (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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 NCEEP DWR# 14 -0335 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.homewoodPncdenr.Rov 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: Raymond Hoz, Restoration Systems LLC (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Todd Tugwell, USACE (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit