20241267 Ver 1_Approval Letter_20241115

ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 15, 2024
DWR #20241267
Watauga County
BREC, PA
Attn: Derek Goddard
1520 Meadowview Drive
Wilkesboro, NC 28697
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Boone Creek Emergency Pole Repair (Bank Stabilization)
Location: 36.202744,-81.665698
148/162 Boone Docks Street, Boone, NC
Dear Mr. Goddard
Attached hereto is a copy of Certification No. WQC007337 issued to Derek Goddard and BREC, dated
November 15, 2024. This approval is for the purpose and design described in your application.
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.
Upon the presentation of proper credentials, the N.C. Division of Water Resources (DWR) may inspect
the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit that is current at the time this Certification is issued. 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.
This approval and its Conditions are final and binding unless contested [G.S. 143-215.5].
D� 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 CARO NA
336.776.9800

Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 2 of 8
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
(NCAC). 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 DWR's review under Section 401 of the Clean Water Act and 15A NCAC 02H .0500.
Please contact Seren Homer at 336-776-9698 or [e-mail] if you have any questions or
concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: Amanda Jones, USACE Asheville Regulatory Field Office
Tasha Alexander, USACE Asheville Regulatory Field Office
Andrea Leslie, NC Wildlife Resources Commission
DWR 401 & Buffer Permitting Branch Electronic File
D� 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 CARD_NQ
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Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC007337 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 02B .0200, within the Reasonable Period of Time pursuant to 40 CFR Part 121.6, to Derek
Goddard and BREC, who have authorization for the impacts listed below, as described within the
application received by the N.C. Division of Water Resources (DWR or Division) on September 24, 2024,
and by Public Notice issued by the Division on September 20, 2024.
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)].
Amount Approved
Amount Approved
Mitigation
Site / Feature ID
Type of Impact
Permanent
Temporary
Amount
Required
Perennial Streams
S1 /
100 linear feet
20 linear feet
Boone Creek
Bank Stabilization
(Boulder Toe)
(Dewatering)
0 credits
Totals:
1001inear feet
201inear feet
0 credits
This approval requires you to follow the Conditions listed in the Certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. 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 DWR, and you may be
required to submit a new application package with the appropriate fee.
If the property is sold, the Permittee shall provide the new owner must with a copy of this
Water Quality Certification and all plans and specifications incorporated by reference. The
Permittee may transfer this Water Quality Certification to the new owner by submitting a letter
to DWR with the following statement: "At the time the property is transferred, the terms and
Conditions of this 401 Individual Water Quality Certification, including the responsibility to
ensure compliance, are binding on the new owner(s) of the property." The letter shall be signed
and dated by both the transferee and the new owner.
Citation: 15A NCAC 02H .0507(d)(2)
In -channel work should be accomplished as quickly as possible to minimize disturbance. Disturbed
areas shall be stabilized (i.e., seeded, mulched, and/or matted) at the end of each working day to
��� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
i �•/ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 4 of 8
ensure downstream water quality standards are maintained throughout construction. Replanting
should be conducted using temporary seed mix followed by native perennial plants.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
3. 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 DWR Winston-Salem Regional Office to ensure the stability and protection of water quality of
the stream and downstream waters.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
4. 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)
If the Permittee becomes aware of any inability to comply with any of the Conditions of this Water
Quality Certification, they must notify the DWR 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 may be required to submit a new application package with
appropriate fee to initiate modification of this authorization, and/or to conduct corrective actions
as determined by the Division.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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)
7. 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
Carolina Department of Transportation Sediment and Erosion Control Manual.
Gn;�oNa
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
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Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 5 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
9. 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 shall
be restored within two (2) months of the date that DEMLR or the 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
10. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
Conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
11. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
12. 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,
GAHOha 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
N( IH'� 41 , I
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Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 6 of 8
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 NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
13. 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 NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
14. All proposed and approved temporary fill and culverts shall be removed, and the impacted area
shall be returned to natural Conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
15. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. 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)
17. 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 02B .0201
18. 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
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
N,1H�1�.
oeoamme�t m e�a.��m���i o�.mr 336.776.9800

Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 7 of 8
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 028
.0231
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
20. 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)
21. 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)
22. 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)
23. 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.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D� 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 CARD_NA
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Boone Creek Emergency Pole Repair
DWR #20241267
Individual Certification #WQC007337
Page 8 of 8
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit that is current at the time this Certification is issued. The Conditions shall remain in
effect for the life of the project, regardless of the expiration date of this Water Quality Certification.
This, the 15th day of November 2024
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
D�"!w� North Carolina Department of Environmental Quality I Division of Water Resources
` �I Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CAROLINA
336.776.9800