20140334 Ver 1_Approval Letter_20160513

Water Resources
ENVIRONMENTAL QUALITY
May 13, 2016
NC Division of Mitigation Services
Attn: Tim Baumgartner
217 W. Jones St., Suite 3000A
Raleigh NC 27603
PAT MCCRORY
riove ttot
DONALD R. VAN DER VAART
Sect elaq
S. JAY ZIMMERMAN
Du ec(ot
DWR # 14-0334
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Candy Creek Mitigation Site
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your application dated
March 24, 2016, received by the Division of Water Resources (Division) March 28, 2016, with
subsequent information on May 10, 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:
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)
Permanent
Amount Approved (units)
Temporary
Streams
Candy Creek
26 (linear feet)
10,921 (linear feet)
UTiC
0 (linear feet)
561 (linear feet)
UTiD
0 (linear feet)
436 (linear feet)
UT2
27 (linear feet)
1599 (linear feet)
UT2A
0 (linear feet)
376 (linear feet)
UT211
0 (linear feet)
702 (linear feet)
UT3
0 (linear feet)
729 (linear feet)
UT4
0 (linear feet)
1270 (linear feet)
450 W. Hanes MITI 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# 14-0334
401APPROVAL
Page 2 of 4
UT5
0 (linear feet)
1289 (linear feet)
UTSA
0 (linear feet)
16 (linear feet)
S1
33 (linear feet)
0 (linear feet)
S2
30 (linear feet)
0 (linear feet)
S3
51 (linear feet)
0 (linear feet)
S5
275 (linear feet)
0 (linear feet)
S6
101 (linear feet)
0 (linear feet)
S7
60 (linear feet)
0 (linear feet)
S8
37 (linear feet)
0 (linear feet)
404/401 Wetlands
Wetland C
0.004 (acres)
0 (acres)
Wetland E
0 (acres)
0.04 (acres)
Wetland F
0 (acres)
0.01 (acres)
Wetland G
0.01 (acres)
0.01 (acres)
Wetland H
0.004 (acres)
0 (acres)
Wetland Q
0.099 (acres)
0 (acres)
Wetland R
0.04 (acres)
0 (acres)
Wetland U
0.01 (acres)
0 (acres)
Wetland V
0.02 (acres)
0 (acres)
Wetland Y
0.002 (acres)
0 (acres)
Wetland Z
0.01 (acres)
0 (acres)
Wetland AA
0.01 (acres)
0 (acres)
Wetland CC
0.002 (acres)
0 (acres)
Wetland DD
0.001 (acres)
0 (acres)
Wetland FF
0.003 (acres)
0 (acres)
Wetland KK
0.01 (acres)
0 (acres)
Wetland MM
0.13 (acres)
0 (acres)
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 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 Certifications)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. All wetlands, or portions of wetlands, located within the limits of construction on the project
site that are not proposed to be impacted shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until the
project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
4. The proposed pond draining within the project shall be conducted in a manner that will protect
downstream waters from sedimentation, turbidity, or any other violations of water quality
standards listed for WS -V, NSW classification in 15A NCAC 02B .0218.

Division of Mitigation Services
DWR# 14-0334
401APPROVAL
Page 3 of 4
S. 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. J15A NCAC 02H .0506(h)]
6. 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)]
7. Monitoring shall be conducted in accordance with the approved mitigation plan dated March
15, 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
-.0506(h) and 15A NCAC 02H .0506(b)(2) and (3) and (c)(2) and (3)]
8. At the end of the required monitoring period, the permitee shall notify the Division in writing. If
it is determined that the project is failing, the permitee 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)]
9. A monitoring report must be provided to the Division by March 31-51 of each monitoring year and
will be required for the entire monitoring period.
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 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 8:00am 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# 14-0334
401 APPROVAL
Page 4 of 4
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 Mac Haupt at [e-mail] or Sue Homewood at 336-776-9693
[e-mail] if you have any questions or concerns.
Sin erely,Q
(�
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 3885
cc: Ian Eckardt, Wildlands Engineering (via email)
Andrea Hughes, USACE (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file