20140869 Ver 1_Approval Letter_20160720

PA"I MCCRORY
- (";nrernor
DONALD R. VAN DER VAART
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
- 1�11'itCiOi'
July 20, 2016
Division of Mitigation Services
Attn: Tim Baumgartner
217 W. Jones St., Suite 3000A
Raleigh NC 28603
DWR # 14-0869
Alleghany County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Vile Creek Mitigation Site
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your application dated
June 10, 2016, received by the Division of Water Resources (Division) June 14, 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
Stream
Vile Creek
2407 (linear feet)
0 (linear feet)
UT1
2034 (linear feet)
0 (linear feet)
UT113
0 (linear feet)
15 (linear feet)
UT1C
0 (linear feet)
15 (linear feet)
UT2
735 (linear feet)
0 (linear feet)
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

Division of Mitigation Services
DWR# 14-0869
401 APPROVAL
Page 2 of 4
404/401 Wetlands
Wetland A
0 (acres)
0.10 (acres)
Wetland B
0.003 (acres)
0.47 (acres)
Wetland C
0.01 (acres)
1.31 (acres)
Wetland D
0 (acres)
0.06 (acres)
Wetland E
0 (acres)
0.04 (acres)
Wetland F
0 (acres)
0.07 (acres)
Wetland G
0 (acres)
0.08 (acres)
Wetland H
0 (acres)
0.02 (acres)
Wetland 1
0 (acres)
0.002 (acres)
Wetland J
0 (acres)
0.01 (acres)
Wetland K
0 (acres)
0.02 (acres)
Wetland L
0 (acres)
0.005 (acres)
Wetland M
0.04 (acres)
0.03 (acres)
Wetland N
0.16 (acres)
0.13 (acres)
Wetland 0
0.004 (acres)
0.52 (acres)
Wetland P
0 (acres)
0.004 (acres)
Wetland Q
0 (acres)
0.04 (acres)
Wetland S
0.001 (acres)
0.01 (acres),
Wetland T
0 (acres)
0.03 (acres)
Wetland U
0 (acres)
0.005 (acres)
Wetland V
0 (acres)
0.004 (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 Certification(s)/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 and wetland enhancements/restorations
plan. The stream and wetland 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)]
S. Monitoring shall be conducted in accordance with the approved mitigation plan dated June 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)]

Division of Mitigation Services
DWR# 14-0869
401 APPROVAL
Page 3 of 4
6. 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)]
7. A monitoring report must be provided to the Division by March 31St 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 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
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

Division of Mitigation Services
DWR# 14-0869
401 APPROVAL
Page 4 of 4
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: Ian Eckardt, Wildlands Engineering Inc (via email)
William Elliott, USACE Asheville Regulatory Field Office (via email)
Andrea Hughes, USACE Mitigation Project Manager, Regulatory Division (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file