20160105 Ver 1_Approval Letter_20160229

Water Resources
ENVIRONMENTAL. QUALITY
Williams S. Kirkpatrick
1090 Coxe Road
Rutherfordton, North Carolina 28139
Eddie R. Moore
526 Clear Run Drive
Rutherfordton, North Carolina 28139
February 29, 2016
PAT MCCRORY
Governor
VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0105
Rutherford County
Charles Anderson
Resource Institute, LLC
2714 Henning Drive
Winston'Salem, North Carolina 27106
Aaron Earley
Wildlands Engineering Inc.
1430 S. Mint Street, Suite 104
Charlotte, North Carolina 28203
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
WSI — Kirkpatrick Site Stream Enhancement Project
Dear Messrs: Kirkpatrick, Moore, Anderson and Earley:
You have our approval for the impacts listed below for the purpose described in your application
dated February 1, 2016, and received by the Division of Water Resources (Division) on February
5, 2016. 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 Numba 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)]
State of North Carolina I Environmental Quality I Water Resources
Asheville Regional Operations Center
2090 US 70 Highway, Swannanoa, North Carolina 28778
828/296-4500

WSI Kirkpatrick Site Stream Enhancement Project
DWR# 16-0105
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Streams
Impact S1
1361 (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 his designee shall supervise_ the installation of in -stream structures. [15A
NCAC 02H .0505(b)(2)]
4. 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)]
5. 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 may 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 waters. [15A NCAC 021-1.0506(b)(2) and
(b)(3)]
6. Water shall not be released into any new channels until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
7. 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)]
8. 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,

WSI Kirkpatrick Site Stream Enhancement Project
"DWR# 16-0105
401 APPROVAL
Page 3 of 4
including all conditions shall be available at the project site during the construction and
maintenance of this project. [15A NCAC 02H.0507 CC and 15A NCAC 02H.0506 (b)(2)
and (c)(2)l
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`sixo- (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:
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 Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

WSI Kirkpatrick Site Stream Enhancement Project
DWR# 16-0105
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
[e-mail] 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:
William Elliot — USACE Asheville Regulatory Field Office (via'email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
c_. DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
GAWR\WQ\Rutherford\40Is\Non-DOnWSI - Kirkpatrick Site Stream Enhancement
Project\APRVL401. W SIKirkpatrickSiteStreamEnhancement.02-24-2016.docx