20160626 Ver 1_Approval Letter_20160725

Water Resources
ENVIRONMENTAL QUALITY
July 25, 2016
Van Arnold
3541 Cold Springs Rd
Mountain City, TN 37683
PAT MCCRORY
DONALD R. VAN DER VAART
Sceretaq
S. JAY Z[MMER.MAN
DWR # 16-0626
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Van Arnold Stream Improvement Project
Dear Mr. Arnold:
You have our approval for the impacts listed below for the purpose described in your application dated
April 15, 2016, received by the Division of Water Resources (Division) June 24, 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
Stream
Big Horse Creek 2000 (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. 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. The Winston Salem Regional Office shall be notified in once construction of the stream
improvement project has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
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

Van Arnold
DWR# 16-0626
401 APPROVAL
Page 2 of 4
4. The stream is a Class C, Trout, ORW Waters. In order to protect downstream uses for Class C,
Trout Waters a requirement of this Certification is that any work conducted within the stream
may not occur between the dates of October 15 through April 15. [15A NCAC 02H .0506 (b)(2)
and 15A NCAC 04B.0125]
5. The designer or their designee shall supervise the installation of all in -stream structures. [15A
NCAC 02H .0506(b)(2)]
6. The designer will provide supervision of stability work including, but not limited to, bank re -
sloping and riparian zone re-establishment, by an appropriately trained individual. [15A NCAC
02H .0506(b)(2)]
7. Native vegetation shall be used throughout this project. All tree and shrub plantings within the
proposed planting buffer on both sides of the stream shall be protected from mowing or clearing.
[15A NCAC 02H .0506(b)(2)]
8. Disturbed streambanks shall be stabilized at the end of each working day and before predicted
storm events. Natural fiber matting is recommended for streambank stabilization over plastic
matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
9. Visual monitoring of the 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 shall be reported to the Winston Salem Regional Office within 10 days of discovery. The
Permittee shall be required to repair or replace any failures of structures or stream banks and
secure any additional approvals as necessary. The Permittee shall conduct monitoring of all repairs
for a minimum of quarterly for the first year or two bankfull events (whichever is longer), ensure
the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2)
and (b)(3)]
10. This authorization exempts the Permittee from meeting Condition #7 in the attached general
certification for the placement of in -stream structure material into Big Laurel Creek. The
Permittee shall take all reasonable measures to construct in -stream structures while keeping
heavy equipment out of the stream channel. Stream flow shall be diverted around work areas as
much as practicable, including diversion of the thalweg around structure installation using
sandbags or other diversion methods. All reasonable steps must be taken to limit the amount of
disturbance in the channel and to therefore reduce downstream turbidity during construction.
This exemption does not relieve the Permittee of meeting stream standards as indicated in 15A
NCAC 02B. [15A NCAC 02H .0506(f)]
11. 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 permitee/contractor shall immediately contact the Division of Water Quality, between
the hours of 8 am to 5 pm at the Winston Salem Regional Office at 336-776-9800 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 02H .0506
(b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]

Van Arnold
DWR# 16-0626
401 APPROVAL
. Page 3 of 4
The permitee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project with a copy of this
Certification. A copy of this Certification, including all conditions shall be available at the project site
during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(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 1506 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, INC 27699-6714 Raleigh, INC 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

Van Arnold
DWR# 16-0626
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: Derek Goddard, BREC (via email)
William Elliot, USACE Raleigh Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file