20160567 Ver 1_Approval Letter_20160620

Water Resources
ENVIRONMENTAL QUALITY
June 20, 2016
Mount Tabor Place Phase II, LLC
Attn: Mr. Kenneth Neal
3447 Robinhood Rd
Winston-Salem NC 27106-4701
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
IBM=
DWR # 16-0567
Forsyth County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Mount Tabor Place Stream Relocation
Dear Mr. Neal:
You have our approval for the impacts listed below for the purpose described in your application dated
May 31, 2016, received by the Division of Water Resources (Division) June 2, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3890 and the conditions, listed
below. This certification is associated with the use of Nationwide Permit Number 39 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
Stream
108 (linear feet)
39 (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 Certifications)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The designer or their designee shall supervise the installation of in -stream 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

Mount Tabor Place Phase II LLC
DWR# 16-0567
401 APPROVAL
Page 2 of 3
4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can
entrap small animals. [15A NCAC 02H .0506(b)(2)]
5. Visual monitoring of the completed 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)]
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 byfiling 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
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

Mount Tabor Place Phase II LLC
DWR# 16-0567
401 APPROVAL
Page 3 of 3
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 3890
cc: Cindy Lancaster, JEWEL Engineering Consultants PC (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file