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Home My WebLink About20080400 Ver 2_Mod Approval_20171204r Water Resources Environmental Quality Resource Institute, LLC Attn: Charles Anderson 2631 Reynolda Road Winston-Salem, NC 27106 Deer Watch, LLC 1603 Regents Park Ln Greensboro, NC 27455 Ricky Joe Stiles 5410 US 19 Marble, NC 28905 December 5, 2017 Audrey Ware 1300 Lanier Road White Plains, GA Roger West PO Box 160 Marble, NC 28905 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director DWR # 08-0400 V2 Cherokee County Subject: APPROVAL MODIFICATION OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Peachtree Creek Stabilization Dear Mr. Anderson, Mr. Ware, Mr. West, Mr. Stiles, and Deer Watch, LLC: You have our approval for the impacts listed below for the purpose described in your application dated June 9, 2017, and received by the Division of Water Resources (Division) on July 7, 2017. This approval modification replaces the original approval issued on August 21, 2017 based on additional information received on November 29, 2017. These impacts are covered by the attached Water Quality General Certification Number 4134 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: Nothing Campares7_-� State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 828-296-4500 Peachtree Creek Stabilization DWR# 08-0400 V2 401 Approval Page 2 of 4 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 Streams Impact S1 818 feet Impact S2 2,101 feet Impact S3 20 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. Natural fiber matting is required for streambank stabilization over plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] 4. 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, streambanks, 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)] 5. 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 15A NCAC 0213 .0200 (3)(f)] 6. 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 Quality, 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 (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Peachtree Creek Stabilization DWR# 08-0400 V2 401 Approval Page 3 of 4 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] 7. The proposed project shall follow the recommendations stated in the North Carolina Wildlife Resources Commission (NCWRC) comment letter dated August 17, 2017 (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 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:OOam and S:OOpm, 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 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending 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: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Peachtree Creek Stabilization DWR# 08-0400 V2 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 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or kevin.mitchell@ncdenr.gov if you have any questions or concerns. Sincerely, Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4134 Certificate of Completion NCWRC letter dated August 17, 2017 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) DWR ARO 401 files DWR 401 and Buffer Permitting Unit (via email) G:\WR\WQ\Cherokee\401s\Non-DOT\Peachtree Creek (Ware) Stream Restoration\2017125_Peachtree Creek Stabilization_APPRV_MOD.dou