20180084 Ver 1_Approval Letter_20180205

February 5, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Seeretnry
LINDA CULPEPPER
Interim Director
DWR # 20180084
Watauga County
The Resource Institute Inc.
Attn: Charles Anderson
2714 Henning Drive
Winston Salem NC 27106
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Cove Creek Stream Restoration
Dear Mr. Anderson:
You have our approval for the impacts listed below for the purpose described in your application dated December 8,
2017, received by the Division of Water Resources (Division) January 12, 2018, with subsequent information on
January 19, 2018. These impacts are covered by the attached Water Quality General Certification Number 4134 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)j
Type of Impact Amount Approved (units) - Permanent
Cove Creek 2313 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)l
3. To protect downstream Eastern Hellbender, in -channel work shall be accomplished as quickly as possible
and vigilance shall be used in sediment and erosion control during site preparation, construction, and clean
up.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

The Resources Institute
DW R# 20180084
401APPROVAL
Page 2 of 3
4. Disturbance to any flat rocks which may serve as shelter rocks for Eastern Hellbenders shall be avoided and
minimized to the maximum extent practicable. Any hellbenders that are found during project construction
shall be captured and immediately relocated downstream, and NCWRC shall be notified.
5. The designer or their designee shall supervise the installation of in -stream structures. [15A NCAC 02H
.0506(b)(2)]
6. 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, 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 authorization exempts the Permittee from meeting Condition 11.9 in the attached General Certification
for the placement of in -stream structure material into Cove Creek. The Permittee shall take all reasonable
measures to construct in -stream structures while keeping heavy equipment out of the stream channel. Only
one piece of excavation equipment shall be allowed access to work in the flowing stream at any time.
Equipment shall access the stream at the closest point possible to reduce impacts to the stream bed. The
majority of stream flow shall be diverted around work areas along the stream banks such as toe protection
and bank sloping. 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)]
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 8:00am 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

The Resources Institute
DWR# 20180084
401 APPROVAL
Page 3 of 3
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, INC 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 [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 4134
cc: Adam Williams, Brushy Fork Environmental Consulting Inc (via email)
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file