20091318 Ver 3_Approval Letter_20160125

Water Resources
ENVIRONMENTAL QUALITY
January 25, 2016
Linzey Enterprises
Attn: David Linzey
1710 Hwy 105
Boone NC 28607
PAT MCCRORY
Gmw or
DONALD R. VAN DER VAART
,iE:i ctar),
S. JAY ZIMMERM:AN
DWR # 09-1318 v3
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Emergency Vet Clinic Expansion
Dear Mr Linzey:
You have our approval forth e impacts listed below forth e purpose described in your application dated
November 10, 2015, received by the Division of Water Resources (Division) November 16, 201x, with
subsequent information on December 17, 2015, January 5, 2016 and January 19, 2016. These impacts
are covered by the attached Water Quality General Certification Number 3890 and the conditions listed
below. This Certification replaces the Certification issued on July 23, 2010. This certification is associated
with the use of Nationwide Permit Number 39 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 certification(s) or general permit
and the following additional conditions:
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 02H .0506(b) and/or (c)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Stream 0 (linear feet) 15 (linearfeet)
404/401 Wetlands 0.01 (acres) 0 (acres)
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 Certification(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] \ FAX: [phone] Customer Service 1-877-623-6748
Internet: www. ncdenr.gov- www.ncwater.org

Linzey Enterprises LLC
DWR# 09-1318 v3
401 APPROVAL
Page 2 of 3
The stream is a Class C, Trout Waters. In order to protect downstream uses for Class C,
Trout Waters a requirement of this Certification is that any additional work conducted
within the stream may not occur between the dates of October 15 through April 15.
[15A NCAC 02H .0506 (b)(2) and 15A NCAC 046 .0125]
4. The Division approves the SMP consisting of two level spreaders and all associated
stormwater conveyances, inlet and outlet structures, and the grading and drainage
patterns depicted on plan sheets dated October 26, 2015, which are incorporated by
reference and are enforceable by the Division. The following conditions also apply [15A
NCAC 02H .0506(b)(5)]:
a. The approved SMP shall be constructed and operational before any permanent
building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)]
The SMP may not be modified without prior written authorization from the
Division. A copy of the approval letter and the modified SMP shall be submitted
to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
Maintenance activities for the level spreaders shall be performed in accordance
with the notarized 0&M agreements signed by David Linzey on January 19, 2016.
The 0&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the BMP facility. The Division shall be notified
promptly of every transfer. [15A NCAC 02H .0506(b)(5)]
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 150B byfiling 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.
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

Linzey Enterprises LLC
DWR# 09-1318 v3
401APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
Sam Hayes, 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 [e-mail] if you have any questions or concerns.
Sincerely,
'&'Y' 44'�P'E
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3890
cc: Carrie Caviness, Brushy Fork Environmental Consulting Inc (via email)
William Elliott, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file