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Home My WebLink About20161039 Ver 1_Approval Letter_20170306Environmental Quality March 6, 2017 Oak Valley Associates Limited Partnership Attn: C.J. Ramey PO Box 10 Bethania NC 27010 ROY COOPER Governor WILLIAM G. ROSS, JR. Acting Secretaiy DWR # 2016-1039 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS RAE'S Creek Stream Restoration Dear Mr. Ramey: You have our approval for the impacts listed below for the purpose described in your application dated October 24, 2016, received by the Division of Water Resources (Division) October 25, 2016, with subsequent information on January 24, 2017, February 14, 2017, and February 22, 2017. 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: 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 193 linear feet 0 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 Certification(s)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] -,---'*-Nothing Compares State of North Carolina I Environmental Quality 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336-776-9800 Oak Valley Associates Limited Partnership DWR# 2016-1039 401APPROVAL Page 2 of 3 Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500] 4. The designer or their designee shall supervise the stream restoration and riparian buffer establishment. [15A NCAC 02H .0506(b)(2)] 5. 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)] Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 7. 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 for a minimum of three (3) years or until the site is stable 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)] 8. The stream restoration area, including the 30 -foot vegetated buffer on both sides of the stream shall remain under ownership of Oak Valley Associates Limited Partnership until the project is determined to be successful and the project is closed out by the Division. The adjacent property line shall be recorded as shown on the proposed parcel layout dated February 22, 2017 and submitted to the Division. A copy of the recorded plat shall be forwarded to the Division prior to close out of the project. 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. Oak Valley Associates Limited Partnership DWR# 2016-1039 401 APPROVAL Page 3 of 3 A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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 (919) 431-3100, 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 DEQ: William F. Lane, General Counsel Department of Environmental Quality 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 Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, A -t- (l-)�ja Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 3885 cc: Mark Taylor, S&ME (via email) Jean Gibby, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file DWR 401 & Buffer Permitting Unit (NOV-2016-OP-0007)