20100123 Ver 3_Approval Letter_20211029

DocuSign Envelope ID: 42737A1 5-A94E-4389-A817-E815EBD1 4630
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 29, 2021
DWR # 20100123
McDowell County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Neighbors Branch Repair - Mitigation Project
Dear Mr. Xu:
You have our approval for the impacts listed below for the purpose described in your application dated
October 5, 2021, received by the Division of Water Resources (Division) October 13, 2021 and payment
received October 13, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4132. This certification is associated with the use of Nationwide Permit Number 3
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
48 (linear feet)
0 (linear feet)
S2
60 (linear feet)
0 (linear feet)
Total
108 (linear feet)
0 (linear feet)
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)].
E Q�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencatE.W —rdalQuari /� 919.707.9000

DocuSign Envelope ID: 42737A1 5-A94E-4389-A817-E815EBD1 4630
Neighbors Branch
DWR# 20100123
401 Certification
Page 2 of 2
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Central 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 Central 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].
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 Division's review 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 4132
cc: Todd Tugwell, Kim Browning, Casey Haywood, USACE Raleigh Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Amy Annino, DWR Asheville RO 401 file (via email)
DWR 401 & Buffer Permitting Unit file