20181731 Ver 1_Approval Letter_20190124

NOgrH CAROLINA
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January 24, 2019
DWR # 20181731
Stokes County
Ecosystem Planning and Restoration
Attn: Jake Byers
9 Old Weaver Farm Rd
Weaverville NC 28787
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
S Crooked Creek Stream Restoration
Dear Mr. Byers:
You have our approval for'the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) on December 20, 2018, with payment
received on December 27, 2019. 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)]'
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North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd. Winston-Salem, NC 27107
336.776-9800

Ecosystem Planning and Restoration
DWR# 20181731
401 APPROVAL
Page 2 of 4
,Type of Impact Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
South Crooked Creek 2352 (linear feet)
0 (linear feet)
UT to S. Crooked Creek 1090 (linear feet)
0 (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. Appropriate measures should be installed prior to any land clearing activities to protect waters
from turbidity and/ or sedimentation. In -channel work shall be completed as quickly as possible
and vigilance used in sediment and erosion control during site preparation, construction and
stabilization: Disturbed areas shall be seeded, mulched and/or matted as soon as possible,
preferably at the end of each work day. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
4. The designer or his designee shall supervise the installation of in -stream structures and
streambank stabilization measures. [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)]
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)]
The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but
not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A
NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day
if a weekend or holiday) from the time the applicant became aware of the circumstances. A
written submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description of the
noncompliance, and its causes; the period of noncompliance, including exact dates and times, if,
the noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-by-case
basis.

Ecosystem Planning and Restoration
DWR# 20181731
401 APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in 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, 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

Ecosystem Planning and Restoration
DWR# 20181731
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 sue.homewoodP_ncdenr., ov if you have any questions or
concerns.
Sincerely,
,d&": r V,.,?
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional -Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134
cc: Devaney Holdings LLC (via email)
Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file