20160222 Ver 1_Approval Letter_20160317

Water Resources
ENVIRONMEN"CAL QUALITY
March 17, 2016
The Resource Institute Inc.
Attn: Charles Anderson
2714 Henning Drive
Winston Salem NC 27106
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY Z[MMERMAN
Director
DWR # 16-0222
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Beaver Creek Stream Restoration
Dear Mr. Anderson:
You have our approval for the impacts listed below for the purpose described in your application dated
March 1, 2016, received by the Division of Water Resources (Division) March 4, 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 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 certifications) 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
Stream
1,285 linear feet
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)]
3. The designer or his designee shall supervise the installation of all in -stream and bank stabilization
structures. [15A NCAC 02H .0506(b)(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

Resource Institute Inc
DWR# 16-0222
401 APPROVAL
Page 2 of 3
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)]
Natural fiber matting is recommended for streambank stabilization over plastic matting that can
entrap small animals. [15A NCAC 02H .0506(b)(2)]
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)]
7. This authorization exempts the Permittee from meeting Condition #7 (dewatering) in the
attached general certification for the placement of in -stream structure material into Beaver
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. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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

Resource Institute Inc
DWR# 16-0222
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. 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: Carrie Caviness, Brushy Fork Environmental Consulting Inc. (via email)
Russell Vannoy, 125 Maplewood Dr, West Jefferson NC 28694
Richard & Mary Blackburn, 451 Don Walters Rd, West Jefferson NC 28694
Furches Properties I, LP PO Box 62, West Jefferson INC 28694
William Elliott, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file