20141127 Ver 1_Approval Letter_20160331

Water Resources
ENVIRONMENTAL QUALITY
March 31, 2016
NC Division of Mitigation Services
Attn: Tim Baumgartner, Deputy Director
1652 Mail Service Center
Raleigh, NC 27699-1652
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
DWR# 2014-1127
County: Chatham
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Mud Lick Creek Mitigation Site
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your
application dated February 17, 2016, received by the Division of Water Resources (DWR) on
February 19, 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 certifications) 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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
East Branch
485 (linear feet)
0 (linear feet)
North Branch
1201 (linear feet)
0 (linearfeet)
Mud Lick Creek
2064 (linearfeet)
0 (linearfeet)
Total
3750 (linear feet)
0 (linear feet)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Mudlick Creek
Chatham County
Page 2 of 3
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. If
you change your project, you must notify DWR 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 Certifications)/Permit/Authorization
and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. You have our approval for your proposed final stream enhancements/restorations plan.
The stream 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
.0506(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. [15A NCAC 02H
.0500(h)]
5. Monitoring shall be conducted in accordance with the approved mitigation plan dated
December 2015. 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 .0506(h) and 15A NCAC 02H .0506(b)(2) and (3) and
(c)(2) and (3)]
6. At the end of the required monitoring period, the applicant shall notify DWR in writing. If it
is determined that the project is failing, the applicant shall be given the opportunity to
express their intensions in writing regarding the future of the project. [15A NCAC 02H
.0506(h) and 15A NCAC 02H .0506(b)(2) and (3) and (c)(2) and (3)]
A monitoring report must be provided to DWR by March 311t of each monitoring year and
will be required for the entire monitoring period. [15A NCAC 02H .0506(h) and 15A NCAC
02H .0506(b)(2) and (3) and (c)(2) and (3)]
This Certification can be contested as provided in 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
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:OOam and S:OOpm, excluding official state holidays).

Mudlick Creek
Chatham County
Page 3 of 3
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 Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of DWR under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please contact Mac Haupt at 919-807-6476 or Mac. [e-mail] if you
have any questions or concerns.
Sincerely,
Ica—V
pervi
Karen Higgins, Susor
401 & Buffer Permitting Branch
Enclosure(s): GC 3885
cc: Jeff Keaton, Wildlands Engineering, Inc., (electronic copy)
Todd Tugwell, Special Projects Manager, Regulatory Division (electronic copy)
Jean Gibby, USACE Raleigh Regulatory Field Office (electronic copy)
Cherri Smith, DWR Raleigh Regional Office (electronic copy)
DWR 401 & Buffer Permitting Unit file
Filename: 141127MudlickCreekMitigationSite(Chatha m)_401.docx