20160364 Ver 1_Approval Letter_20160525

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WaterResowres
ENVIRONMENTAL QUALITY
May 25, 2016
Mr. Edward Haight
753 St Charles Bypass Rd.
Thibodaux, LA 70301
Resource Institute, Inc.
Attn: Charles Anderson
2714 Henning Dr.
Winston-Salem, NC 27106
PAT MCCRORY
G'-'
DONALD R. VAN DER VAART
saran y
S. JAY ZIMMERMAN
LA.,,
DWR# 16-0364
Macon County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Tessentee Creek (Haight) Stream Restoration Project
Dear Mr. Haight:
You have our approval for the impacts listed below for the purpose described in your application
dated March 31, 2016, and received by the Division of Water Resources (Division) on April 14,
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 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, 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)]
Slam OfNOMCarolina I EnVnTLnlal QualityIWata Resa 8
2090 U.S. Hwy. 70 I Swarmaooe, NOM Camlwa 28778
8282964500

Tessentee Creek (Haight) Stream Restoration Project
DWR# 160364
401 Approval
Page 2 of4
Type of Impact Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream Im act
hn act SI 1,525 (linear feet)
Impact S2 100 (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 .0506(b)(2)]
4. 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) and (c)(3) and 15ANCAC 02B .0211(12)]
5. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 0211.0506 (b)(3) and
(c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A]
6. 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 Asheville Regional Office
to ensure the stability and water quality of the stream and downstream waters. [15A
NCAC 02H .0506(b)(2) and (b)(3)]

presences Creek (Haight) Stream Restoration Project
DWRk 16-0364
401 Approval
Page 3 of 4
8. All temporary impacted areas shall be restored to pre -construction natural conditions
upon completion of the project. Native vegetation shall be used for stream bank
stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
9. The stream is a Class C, Trout Water. In order to protect downstream uses for Class C,
Trout Water a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
f 15A NCAC 02H.0506 (b)(2) and 15A NCAC 04B.01251 _
10. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated May 5, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
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 htto://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).
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:
Ifsending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending 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

Tessentee Creek (Haight) Stream Restoration Project
DWRN 16-0364
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 0211.0500. Please contact Tim Fox at 828-296-4664 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
NCWRC letter dated May 5, 2016
cc: Chris Engle — Wolf Creek Engineering, PLLC (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
D WR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
C:\WR\WQ\M..\401s\Non-D0TTcnc.ee Creek Haight Stream RestoratiroWPR ADI Tessentee Creek(Haight) Stream
Restoration Project 5-25-16.do=