20240575 Ver 1_Approval Letter_20240619

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 19, 2024
DWR # 20240575
Ashe County
Brushy Fork Environmental Consulting, Inc.
Attn: Adam Williams
10565 US Hwy 421
Trade, TN 37691
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Big Laurel Creek Stabilization
Dear Mr. Adams:
Attached hereto is a copy of Certification No. WQC006953 issued to Adam Williams and Brushy Fork
Environmental Consulting, Inc., dated June 19, 2024. 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 this Water Quality 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 Certification and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NOMlH naouninD_E �/ l 336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 2 of 8
This Water Quality Certification shall expire 5 years from the date of issuance. The conditions shall
remain in effect for the life of the project, regardless of the expiration date of this Water Quality
Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Winston-Salem Regional Office within 24 hours (or the next business day if a weekend or holiday)
from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Winston-Salem Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Rebecca Chandler at 336-776-9705 or [e-mail] if you have
any questions or concerns.
Sincerely,
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OD2D3CE03F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
North Carolina Department of Environmental Quality I Division of Water Resources
D_E
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
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336.776.9800
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Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 3 of 8
Electronic cc: Amanda Jones, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NOMlH naouninD_E l 336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 4 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006953 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Adam Williams and Brushy Fork Environmental Consulting, Inc., who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on April 22, 2024, and by Public Notice issued by the Division on
April 20, 2024, and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved Permanent
Amount Approved Temporary
Perennial Streams
S1 — Restoration (including rock
sills, root -wad revetments, cross
vanes, j-hooks, boulder revetments,
and constructed riffles)
2,665 linear feet
N/A
Totals:
2,665 linear feet
N/A
Riparian Wetlands
W1— Restoration (including grading
and native planting)
0.06 acres
N/A
Totals:
1 0.06 acres
I N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The Permittee shall coordinate with NC Wildlife Resources (NCWRC) for rare species surveys and
relocation at least three weeks prior to start of construction. The Permittee shall coordinate with
NCWRC for biological surveys during hellbender breeding season of this year.
Citation: 15A NCAC 02H .0506(b)(1)), 15A NCAC 02H .0507(c), 15A NCAC 048 .0125
The Permittee shall avoid disturbance of Eastern Hellbenders and large flat rocks of at least one
foot in diameter which serve as their shelter as much as practical during construction activities.
If Eastern Hellbenders are discovered during construction activities, they are to be captured in a
bucket and moved away from the construction area and the appropriate NCWRC staff is to be
notified.
Citation: 15A NCAC 02H .0506(b)(1)
North Carolina Department of Environmental Quality I Division of Water Resources
♦��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
Nnr�'ricn;�o.iw 336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 5 of 8
3. The designer or their designee shall supervise the installation of in -stream structures.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
4. Disturbed areas shall be stabilized at the end of each working day to ensure downstream water
quality standards are maintained throughout construction.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
5. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow for
continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
7. The permittee shall report to the DWR Winston-Salem Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
North Carolina Department of Environmental Quality I Division of Water Resources
♦��Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH caao_ NAIFI336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 6 of 8
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
10. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
This authorization exempts the Permittee from meeting this condition for the placement of in -
stream structure material into Big Laurel Creek. The Permittee shall take all reasonable
measures to construct in -stream structures while keeping heavy equipment out of the stream
channel. Only equipment that is being used to install structures may enter the stream channel.
This exemption does not authorize the use of equipment within the stream channel for any
other purpose such as a haul road, access, streambank reshaping etc. Equipment shall access
the stream at the closest point possible to reduce impacts to the stream bed. The majority of
North Carolina Department of Environmental Qualitv I Division of Water Resources
♦��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
Nor3-r i cnvo, in,a � 336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 7 of 8
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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
14. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
North Carolina Department of Environmental Qualitv I Division of Water Resources
♦��Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NDR7H caao_ NAIFI336.776.9800

Big Laurel Creek Stabilization
DWR# 20240575
Individual Certification #WQC006953
Page 8 of 8
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
20. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
21. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 19th day of June 2024
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
Noa1H caao_iN D_E f 336.776.9800
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