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Home My WebLink About20150943 Ver 1_Approval Letter_20151002North Carolina Department of Environment Quality Pat McCrory Donald R van der Vaart Governor Secretary October 2, 2015 The Resource Institute, Inc Attn Charles Anderson 2714 Henning Drive Winston Salem NC 27106 DWR # 15 -0943 Surry County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Jackson Creek Restoration Dear Mr Anderson You have our approval for the impacts listed below for the purpose described in your application dated September 8, 2015 and received by the Division of Water Resources (Division) September 11, 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 13 or 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 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)] Type of Impact Amount Approved (units) Permanent Jackson Creek 2,055 linear feet UT 1 297 linear feet UT 2 639 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 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)] Winston-Salem Regiona Office Location 450 W hanes Mill Rc Sure 300 Oilinsron- Salem, North Carolina 27105 Phone 336 -776 -9800` FAX ',13P;76-919i Customer Service 1 -877- 623 -6748 Internet http uponai %cJen, a poveb'uvc, ws An Equal OOporurrty' Affirmatve Ac ic^ Employer The Resource Institute, Inc DWR# 15 -0943 401 APPROVAL Page 2 of 3 3 The designer or his designee shall supervise the installation of all in- stream and bank stabilization 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 Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned channels and relocated to new channels to the maximum extent practicable [15A NCAC 02H 0506(b)(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 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)] 8 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)] 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 Jackson 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 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 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 OOam and 5 OOpm, 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 The Resource Institute, Inc DWR# 15 -0943 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 Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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 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 Kevin Tweedy, Ecosystem Planning and Restoration (via email) Andy Williams, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file