20140193 Ver 1_Approval Letter_20151110

North Carolina Department of Environmental Quality
Pat McCrory
Governor
Mr. Tim Baumgartner
NC Division of Mitigation Services
116 West Jones St., Ste. G111
Raleigh, NC 27603
Donald van der Vaart
Secretary
November 10, 2015
DWR# 14 -0193
Catawba County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Henry Fork Mitigation Site
Dear Mr. Baumgartner:
You have our approval, in accordance with the General Certification and those conditions
listed below, for the subject project. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3885 which can be viewed on our
web site at http: / /portal.ncdenr.org /web /wq /swp /ws /401. The General Certification allows you to
use Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers
(COE). 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification
are reviewed prior to initiation of the project. In addition to the requirements of the Certification,
you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If the property is sold, the
new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H
.0507(c)
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)]
3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
0 linear ft.
5,544 linear ft.
Wetland
.065 acre
0.315 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: 704 - 663 -1699\ Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

DWR# 14 -0193
4. It is recommended that maximum effort be extended in minimizing the removal of trees along
the stream corridor /buffer. It is also recommended that stumpage of trees remain to the
maximum extent practical to provide accelerated vegetative regrowth and stabilization along
the stream corridor /buffer.
5. Bare /fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Heavy equipment may be operated within the stream channels however; its usage shall be
minimized to the extent practical. 15A NCAC 02H.0506(b)(3)
7. All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. 15A NCAC 02H.0506(b)(3)
8. The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
9. Upon completion of the project, the applicant shall complete and return the enclosed
"Certificate of Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H
.0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. 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, 8:00 am
to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
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 Rd.
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601

DWR# 14 -0193
This letter completes the review by the Division under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office
at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360.
Sincerely,
P� Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc: Army Corps of Engineers, Asheville, (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality