20130783 Ver 1_Approval Letter_20130816

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WMENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 16, 2013
DWR # 13 -0783
Watauga County
E
Linzey Enterprises LLC
1 Attn: David Linzey
1710 Hwy 105 .
Boone, NC 28607
Subject: Approval of 401 Water Quality Certification with Additional Conditions
i Hodges Creek Stream Enhancement
Dear Mr. Linzey:
You have our approval for the impacts listed below for the purpose described in your
application dated July 25, 2013 and received by the Division of Water Resources- Water
Quality Programs (Division) on July 26, 2013. These impacts are covered by the attached Water
Quality General Certification Number 3885 and the Conditions listed below. The General
Certification allows you to use Nationwide Permit Number 27 or 13 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 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.
This approval requires you to follow the conditions listed in the enclosed certification (s) or
general permit and the following additional conditions:
Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107
Phone: [phone] FAX: [phone],1Customer Service: 1-877-623-6748
Internet: www.ncwaterauality.org
An Equal Opportunity 1 Affirmative Action Employee

i
Linzey Enterprises LLC
DWR# 13- 0783
401APPROVAL
Page 2 of 4
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification, General Permit and /or Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Temporary /Permanent
Amount Approved (Units)
Approved Impact (units)
Stream
Permanent
r240 linear feet
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 propert y 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.
3.
The Emergency Vet Clinic of Boone has been issued DWQ #09 -1318 by the Division for
previous impacts to streams and wetlands on the property. DWQ #09 -13.18 requires
that stormwater is to be treated. by distribution across level spreaders and overland flow
through vegetated filter areas. If %the area below either level spreader begins to
chanhelize stormwater as a result of the stream enhancement activity, it may require
future repairs to continue compliance with the stormwater treatment requirement of
that DWQ #09- 1318.
4..
The designer or his designee shall supervise the installation of in- stream structures.
5.
Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer on both sides of the stream shall be protected from
mowing or clearing.
6.
Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals:
7.
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.

4
Linzey Enterprises LLC
DWR# 13 -0783
401 APPROVAL
Page 3 of 4
8. This authorization exempts the Permittee from. meeting Condition #7 in the attached
general certification for the placement of in- stream structure material into the Hodges
Creek. The Permittee shall take all reasonable measures to construct in- stream
structures while keeping heavy equipment out of the stream channel. Stream flow will
be diverted around work areas as much as practicable. 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.
I 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 1506 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings. You may obtain a petition
form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call the OAH
clerk's office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy along with any applicable filing fee is received in the Office of Administrative Hearings
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays)
The petition may faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition along with any applicable filing fee is received by the
Office of Administrative Hearings within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601