20190288 Ver 1_Approval Letter_20191120

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
Town of Beech Mountain
Attn: Tim Holloman, Town Manager
403 Beech Mountain Pkwy
Beech Mountain NC 28604
NORTH CAROLINA
Environmental Quality
November 20, 2019
DW R # 20190288
Watauga County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Buckeye Reservoir Modifications
USACE Action ID. No. SAW-2018-02144
Dear Mr. Holloman:
Attached hereto is a copy of Certification No. 1756 issued to Mr. Tim Holloman and Town of Beech
Mountain, dated November 20, 2019. The purpose of this modification is to modify the minimum flow
release schedule. This Certification replaces the Certification issued on October 8, 1984. Please note
that you should get any other federal, state or local permits before proceeding with the subject project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and
Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. 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 [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.
D _E Q:> North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617
voan+cwainn r
919.707.9000

Buckeye Reservoir Modifications
DWR Project #20190288
Individual Certification #1756
Page 2 of 6
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
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or sue.homewood(@ncdenr.eov if you have
any questions or concerns.
Sincer ly,
G4-% Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc. (via email)
Amanda Jones-Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20190288 Buckeye Reservo i r(Wata uga )_401_IC.d ocx

Buckeye Reservoir Modifications
DWR Project #20190288
Individual Certification #1756
Page 3 of 6
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #1756 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, to Mr.
Tim Holloman and Town of Beech Mountain, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on February
26, 2019 and subsequent information on August 15, 2019 and October 17, 2019, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on May 10, 2019.
The State of North Carolina certifies that this activity will not violate 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.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The Buckeye Creek Reservoir shall continue to be operated as approved in Certification #1756 issued
October 8, 1984 with the following modified minimum flow release schedule. [15A NCAC 02H .0506
(b)(2)]
January 1— April 15
Reservoir Water
Action as required by
Minimum Release
Surface Elevation
Water Shortage
MAF = 6.32 CFS
Response Plan (WSRP)
Flowing over spillway
None
40% MAF = 2.53 CFS
Between top of
Tier 1
40% MAF = 2.53 CFS
spillway (but not
Voluntary Restrictions
flowing over) and 4
feet below spillway
Between 4 feet below
Tier 2
20 % MAF = 1.26 CFS
spillway and 6.5 feet
Mandatory Restrictions
below spillway
10% reductions
Between 6.5 feet
Tier 3
Outflow will equal Inflow determined
below spillway and
Mandatory Restrictions
using USGS Stream Gauges (upstream and
13.5 feet below
20% reductions
downstream)
spillway
Between 13.5 feet
Tier 4
Outflow will equal Inflow determined
below spillway and
Emergency Restrictions
using USGS Stream Gauges (upstream and
23.5 feet below
25% reductions
downstream)
spillway
23.5 feet below
Tier 5
Outflow will equal Inflow determined
spillway
Water Rationing
using USGS Stream Gauges (upstream and
downstream)

Buckeye Reservoir Modifications
DW R Project #20190288
Individual Certification #1756
Page 4 of 6
April 16 — December 31
Reservoir Water
Action as required by
Minimum Release
Surface Elevation
Water Shortage
MAF = 6.32 CFS
Response Plan (WSRP)
Flowing over spillway
None
20% MAF = 1.26 CFS
Between top of
Tier 1
20% MAF = 1.26 CFS
spillway (but not
Voluntary Restrictions
flowing over) and 4
feet below spillway
Between 4 feet below
Tier 2
15 % MAF = 0.95 CFS
spillway and 6.5 feet
Mandatory Restrictions
below spillway
10% reductions
Between 6.5 feet
Tier 3
Outflow will equal Inflow determined
below spillway and
Mandatory Restrictions
using USGS Stream Gauges (upstream and
13.5 feet below
20% reductions
downstream)
spillway
Between 13.5 feet
Tier 4
Outflow will equal Inflow determined
below spillway and
Emergency Restrictions
using USGS Stream Gauges (upstream and
23.5 feet below
25% reductions
downstream)
spillway
23.5 feet below
Tier 5
Outflow will equal Inflow determined
spillway
Water Rationing
using USGS Stream Gauges (upstream and
downstream)
2. The Permittee shall use the US Geological Survey Stream Gauges installed immediately upstream and
downstream of Buckeye Creek Reservoir to continuously monitor and record stream flow on Buckeye
Creek and to meet the minimum release flow requirements in Condition 1 of this Certification. [15A
NCAC 02H .0506 (b)(2)]
3. The Permittee shall submit a quarterly report to the Winston Salem Regional Office of the Division of
Water Resources of daily recorded upstream and downstream stream flows as measured by the USGS
gauges noted above. The first quarterly report shall be submitted by April 15, 2020 and shall include
data from January 1, 2020 through March 31, 2020. The report shall include any relevant information
regarding USGS continued calibration activities as they relate to the reported data. [15A NCAC 02H
.0506 (b)(2)]
4. The Permittee shall maintain the newly installed electronically mechanized dam drain valve in proper
functional condition at all times. [15A NCAC 02H .0506 (b)(2)]
5. The Permittee shall continue to take all reasonable steps towards a future alternative water supply in
accordance with recommendations by the Division of Water Resources — Water Planning Section.
[15A NCAC 02H .0506 (b)(1)]

Buckeye Reservoir Modifications
DWR Project #20190288
Individual Certification #1756
Page 5 of 6
6. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
This Certification does not relieve the applicant 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.
8. Mr. Tim Holloman and Town of Beech Mountain shall conduct activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law.
[15A NCAC 02B .02001 If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Tim
Holloman and Town of Beech Mountain and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H .0564. Any new or revised conditions shall be provided to Mr. Tim Holloman and Town
of Beech Mountain in writing, shall be provided to the U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
9. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
10. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This 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 Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
11. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. 115A NCAC 02H .0502(e)]

Buckeye Reservoir Modifications
DWR Project #20190288
Individual Certification #1756
Page 6 of 6
12. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
13. 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.
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 or CAMA 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(d)(2) and 15A NCAC 02H .0506]
This the 20" day of November 2019
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
SLH
WQC#001756