20140194 Ver 1_Approval Letter_20151113

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 13, 2015
NCDEQ — Division of Mitigation Services
Attn: Tim Baumgartner
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Donald R. van der Vaart
Secretary
DWR # 14-0194
Burke County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Roses Creek Stream Mitigation Site
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your application received October 1, 2615. 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 13 and 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)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Wetlands
Wl 0.05 (Acres)
W2 0.01 (Acres)
Streams
S1 3,388 (feet)
S2 268 (feet)
S3 62 (feet)
S4 77 (feet)
SS .._.---...609 (feet)
S6 558 (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. All temporary impacted areas will be restored to pre -construction natural conditions upon completion of the project. Native
vegetation shall be used for wetland and stream bank stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
4. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to
prevent contamination by fuel and oils. [15A NCAC 02H.0506 (b)(3)]
Division of Water Resources —Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] \ FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity\ Affirmative Action Employer

Roses Creek Mitigation Site
DWR# 14-0194
401 APPROVAL
Page 2 of 2
5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the
construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the
construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all
conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H
.0507 (c) and 15A NCAC 02H.0506 (b)(2) and (c)(2)]
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 httD://www.ncoab.com/ or by calling the OAH Clerk's Office at [phone] 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 [phone], 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
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
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 Kevin Barnett at 828-296-4657 or kevin.barnett0mcdenr.Rov if you have any questions or concerns.
Sincerely,
`G- L—an�don Davidson, P.G., Reg pervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Virginia Baker — 401 Permitting Central Office (via email)
Mac Haupt — 401 Permitting Central Office (via email)
Tasha McCormick — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email) NOV
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) 20
DWR ARO 401 files DENR %5
DWR 401 and Buffer Permitting Unit Opt eiwAtRR a „a
G:\WR\WQ\Burke\401 s\Non-DOT\RosesCreekMitigationSite - DMS\APR