20140332 Ver 1_Approval Letter_20160229

Water Resources
ENVIRONMEN"rAL QUALITY
February 29, 2016
Division of Mitigation Services
Attn: Tim Baumgartner
217 W. Jones St, Suite 3000A
Raleigh NC 27603
PAT MCCRORY
I
DONALD R. VAN DER VAART
Secretaty
S. JAY ZIMMERMAN
Director
DWR # 14-0332
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Browns Summit Creek Mitigation Site
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your application dated
February 1, 2016, received by the Division of Water Resources (Division) February 3, 2016. 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 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 and Jordan Lake Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B
.0267(8)]
Type of Impact Amount Approved (units) — Permanent Impacts
Streams 6,592 (linearfeet)
404/401 Wetlands 4.44 (acres)
This approval is for the purpose and design described in your application. The approved
mitigation plan dated January 2016 and 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)]
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone] \ Customer Service 1-877-623-6748
Internet: www,ncdenr.gov- www.ncwater.org

Division of Mitigation Services
DWR# 14-0332
401 APPROVAL
Page 2 of 3
3. You have our approval for your proposed final stream and wetland enhancements/restorations
plan. The stream and wetland restorations/enhancements must be constructed, maintained, and
monitored according to the plans approved by this Office and this Certificate of Coverage. Any
repairs or adjustments to the site must be made according to the approved plans or must receive
written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0500(h)]
4. The issuance of the 401 Water Quality Certification for the restoration/enhancement project
does not represent an approval of credit yield for the project. Success criteria as described in the
approved mitigation plan dated January 2016 shall be met. [15A NCAC 02H .0500(h)]
5. Monitoring shall be conducted in accordance with the approved mitigation plan dated January
2016. If monitoring indicates that all or portions of the project are failing to meet one or more of
the required success criteria, the monitoring report must provide a remedial action plan to
address the deficiency. The remedial action plan, at a minimum, must describe the failure, the
source or reason for the failure, a concise description of the corrective measures that are
proposed, and a timeframe for the implementation of the corrective measures. [15A NCAC 02H
.0500(h) and 15A NCAC 02H .0506(b)(2) and (3) and (c)(2) and (3)]
6. The project includes the Priority 1 restoration of intermittent tributaries T1 and T3. As indicated in
the January 2016 Final Mitigation Plan the applicant shall monitorthe restored tributaries to ensure
that the new channels maintain intermittent flow. In the event that intermittent flow is
discontinued (e.g. conversion to an ephemeral, non -jurisdictional channel), the length of channel
in which no flow is occurring shall be considered a permanent stream impact. If the non -flowing
channel or channel segment exceeds 150 linear feet, mitigation may be required to compensate
for the lost aquatic function.
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 [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: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

Division of Mitigation Services
DWR# 14-0332
401 APPROVAL
. Page 3 of 3
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 and the Jordan
Lake Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Sue Homewood at 336-
776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3885
cc: Katie McKeithan, Michael Baker Engineering Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Todd Tugwell, USACE (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file