The URL can be used to link to this page

Home My WebLink About20150694 Ver 1_Approval Letter_201509111 AA& NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ronnie and:Stella Cardwell 2853 Rocky Road Lenoir, North Carolina 28645 Debbie Dodson Resource Institute, Incorporated 2714 Henning Drive Winston Salem, North Carolina 27106 Donald R. van der Vaart Secretary September 11, 2015 DWR # 15 -0693 Caldwell County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Lower Creek Stream Restoration Dear Mr. and Mrs. Cardwell, and Ms. Dodson: You have our approval for the impacts listed below for the purpose described in your application dated July 15, 2015, and,received by the Division of Water Resources (Division) on July 22, 2015. These impacts are covered by the attached Water Quality General Certification Number 3885 and the additional 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 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: http: / /portal.ncdenr.org /web /wq /ws An Equal Opportunity \ Affirmative Action Employer Lower Creek Stream Restoration DWR# 15 -0693 401APPROVAL Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Streams Impact S1 2064 linear feet 20 linear feet Impact 52 663 linear feet 30 linear feet 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 /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 their designee shall supervise the installation of in- stream structures. [15A NCAC 02H .0506(b)(2)] 4. 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)] - 5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small, animals. [15A NCAC 02H .0506(b)(2)] 6. Visual_ monitoring of the. 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. 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 [15A NCAC'02H .0506(b)(2) and (b)(3)] 7. The permittee shall ensure that mature trees within the buffer areas will be protected as much as feasible during the construction of this project. [15A NCAC 02H .0506(b)(2)] 8. 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, hydraulicfluids 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 0213 .0200 (3)(f), and GS 143 Article 21A] Lower Creek Stream Restoration DWR# 15 -0693 401 APPROVAL Page 3 of 4 9. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 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 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 in 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 Lower Creek Stream Restoration , DWR# 15 -0693 i 401 APPROVAL Page 4 of 4 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 -4686 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 Enclosures: GC 3885 Certificate of Completion cc: Chris Tinklenberg, Kimley -Horn and Associates (via email) Tasha Alexander — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC.(via email) Fred Walker DEMLR (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Caldwell \401s \Non- DOT\Lower Creek Stream Resto ratio n\ APRVL. LowerCreekStreamRestoration .9- 11- 15.doc