20201094 Ver 1_Approval Letter_20210219

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 19, 2021
DWR # 20201094
Clay County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
Michael Baker Engineering, Inc.
Attn: Micky Clemmons
797 Haywood Road, Suite 201
Asheville, North Carolina 28806
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Blair Creek Mitigation Project
Dear Mr. Xu and Mr. Clemmons:
You have our approval for the impacts listed below for the purpose described in your application dated
February 16, 2021, received by the Division of Water Resources (Division) February 16, 2021 and
payment received February 16, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4134. 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1
j 2,399 (linear feet)
j 0 (linear feet)
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
NORTH c ROLINA
OepartmeM of Environmental Quality /`� 919.707.9000

DocuSign Envelope ID: B9DFF397-5E55-45A9-AE14-CBFBE3795DEE
S2
1,467
0
S3
184
0
S4
194
0
Total
41244
0
404/401 Wetlands
W-B
0.067 (acres)
0.444 (acres)
W-C
0
0.051
W-D
0
0.152
W-E
0
0.024
W - F
0
0.009
W-K
0.001
0.034
W-L
0.025
0.033
W - M
0.007
0.006
W - N
0
0.008
W-O
0
0.004
W-P
0.054
0.077
W-S
0
0.013
W-T
0.015
0
Tota 1
0.169
0.855
Blair Creek
DWR# 20201094
401 Certification
Page 2 of 3
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 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)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the DWR Central 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 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.
The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not
represent an approval of credit yield for the project.
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

DocuSign Envelope ID: B9DFF397-5E55-45A9-AE14-CBFBE3795DEE
Blair Creek
DWR# 20201094
401 Certification
Page 3 of 3
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms maybe accessed at http://www.ncoah.com, or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Erin Davis at 919-817-0360 or [e-mail] if you have any
questions or concerns.
Sincerely,
DOCUSignn�eJd by:
949D91 BA53EF4E0...
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
DWR Central Office
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Kaylie Yankura, DWR Asheville RO 401 file (via email)
DWR 401 & Buffer Permitting Unit file