20150177 Ver 1_Approval Letter_20150306

QTNWA
NI ®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory y Donald R van der Vaart
Governor - Secretary
March 6, 2015
New River Conservancy
Attn: Chelsea Blount
1 North Jefferson St,
West Jefferson NC 28694
DWR # 15 -0177
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
u David Rice Project
Dear Ms. Blount:
You have our approval for the impacts listed below for the purpose described in your
application dated January 14, 2015, received by the Division of Water Resources (Division)
February 12, 2015. These impacts are covered by the attached Water Quality General
Certification Number 3885 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 13 or 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.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c)]
Impact Area
Temporary /Permanent
4200
Impact Amount
Streams
Permanent
linear feet
Winston -Salem Regional Office
Location 450 W Hanes Mill Rd, Suite 300 Winston - Salem, North Carolina 27105
Phone 336 - 776 -98001 FAX 336 - 776 -9797\ Customer Service 1- 877 - 623 -6748
Internet http / /portal ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer

New River Conservancy
DWR# 15 -0177
401 APPROVAL
Page 2 of 3
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 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. [15A NCAC 02B .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in- stream structures.
[15A NCAC 02H .0506(b)(2)]
4. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(2)]
5. 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.
[15A NCAC 02H .0506(b)(2) and (b)(3)] ,
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 (919) 431 -3000 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 8:00arn and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, Fed Ex, etc)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

New River Conservancy
DWR# 15 -0177
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336 - 776 -9693 or sue.homewood @ncdenr.gov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: Glen Sullivan, Foggy Mountain Nursery (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit