20150747 Ver 1_Approval Letter_20150821

NC R R '
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 21, 2015
DWR # 15 -0747
Macon County
USDA Forest Service
Attn: Kristin Bail
160 Zillicoa Street, . Suite A
Asheville, NC 28801 _
Subject: APPROVAL OF 401 WATER QUALITY. CERTIFICATION WITH ADDITIONAL
.CONDITIONS
Buck Creek Stream Restoration
Dear Ms. Bail:
You have our approval for the impacts listed belowforthe:purpose described in your
application dated July 21, 2015, received by the Division of Water Resources (Division) on July
28, 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
Nation Wide 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) Sedment 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 02H .0506(b) and /or (c)j
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 29645001 FAX: [phone]
Internet: www.ncwaterquallty.org
An Equal Opportunity I Af irri Action Employer— Made In pert by canard paper

USDA Forest Service
DWR #15 -0747 -
401APPROVAL
Page 2 of 3
Type of Impact -
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
S1
60 ft.
S2
130 ft.
S3
54 ft.
S4
120 ft.
S5
30 ft.
Total 394 ft.
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 02H .0507(d)(2)] -
3. 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)]
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 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty 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 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.
USDA forest Service
DWR# 15 -0747
401 APPROVAL
Page 3 of 3
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, INC 27699 -1601'
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Tim Fox at 828 -296 -4664 or tim.fox @ncdenr.¢ov 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
Certification of Completion
ec: Brady Dodd — USDA Forest Service
David Brown - USACE Asheville Regulatory Field Office
Andrea Leslie — NCWRC
Fred Walker — DEMLR
cc: DWR ARO 401 file
DWR 401 & Buffer Permitting Unit file
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