20120776 Ver 2_Approval Letter_20150720

74
A;W NR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 20, 2015
Town of Boone
Attn: John Ward III
567 W. King St.
Boone, NC 28607
DWR # 12 -0776 v2
Watauga & Ashe Counties
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Boone Water System Improvements
Dear Mr. Ward:
You have our approval for the impacts listed below for the purpose described in your
application dated March 12, 2015, received by the Division of Water Resources (Division) March
30, 2015, with subsequent information on May, 14, 2015, June 12, 2015 and July 17, 2015.
These impacts are covered by the attached Water Quality General Certification Number 3884
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 12 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 certifications) 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)]
Winston -Salem Regional Office
Location: 450 >A?. Hanes Mill Rd, Suite 300. Winston- Salem, North Carolina 27105
Phone: [phone], FAX: 336 - 776.979 1 Customer Seivice: 1 -877- 623 -6748
Internet: hftp:,/pofTal.t,cdeni-.or9j'web/Wq/ws
An Equal Opportunily Affirmative Action Employer

Town of Boone
DWR# 12 -0776 Q
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
S1
10 (linear feet)
S2
10 (linear feet)
S5
75 (linear feet)
56
40 (linear feet)
S7
10 (linear feet)
S8
10 (linear feet)
S9
10 (linear feet)
S10
10 (linear feet)
S11
10 (linear feet)
S12
55 (linear feet)
S13
103 (linear feet)
S14
13 (linear feet)
S15
80 (linear feet)
S16
1 160 (linear feet)
404/401 Wetlands
W1
0.008 (acres)
W2
— -
0.007 (acres)
W3
0.022 (acres)
W4
0.009 (acres)
W5
0.041 (acres)
W6
0.013 (acres)
W7
0.004 (acres)
W8
0.07 (acres)
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
Certifications) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction
plans. [15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)]

Town of Boone
DWR# 12 -0776 v2
401 APPROVAL
Page 3 of 4
4. The permittee shall notify the Division in writing prior to the beginning of the work
authorized under this certification. A pre - construction meeting must be held with the
Division prior to the start of the project so that the contractors and /or agents fully
understand the conditions associated with this certification. [15A NCAC 02H .0507 (c)
and 15A NCAC 02H.0502 (e)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E 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 htti): / /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 DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Town of Boone
DWR# 12 -0776 v2
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 -9643 or sue. homewood @ncdenr.Rov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3884
cc: Ward Marotti, WK Dickson (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file