20170223 Ver 1_Approval Letter_20170320

Water Resources
Environmental Quality
March 18, 2017
Yearick Managed Properties LLC
Attn: John Yearick
45646 Norris Rd
Great Mills MD 20637
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Dh,eclor
DWR # 2017-0223
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Beaver Creek Stream Stabilization
Dear Mr. Yearick:
You have our approval for the impacts listed below for the purpose described in your application dated
February 6, 2017, received by the Division of Water Resources (Division) February 22, 2017. These impacts
are covered by the attached Water Quality General Certification Number 4087 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 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) - Permanent
Stream 3134 (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 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 02H .0507(d)(2)]
3. The designer or their designee shall supervise the installation of all in -stream structures. [15A
NCAC 02H .0506(b)(2)]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Yearick Managed Properties LLC
DWR# 2017-0223
401 APPROVAL
Page 2 of 3
4. 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.
[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)]
6. This authorization exempts the Permittee from meeting Condition #9 (dewatering) in the attached
general certification for the placement of in -stream structure material into Beaver Creek. The
Permittee shall take all reasonable measures to construct in -stream structures while keeping heavy
equipment out of the stream channel. Only one piece of excavation equipment shall be allowed
access to work in the flowing stream at anytime. Equipment shall access the stream at the closest
point possible to reduce impacts to the stream bed. The majority of stream flow shall be diverted
around work areas along,the stream banks such as toe protection and bank sloping. 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. [15A NCAC 02H .0506(f)]
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 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 [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

Yearick Managed Properties LLC
DWR# 2017-0223
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DEQ:
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. Please contact
Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4087
cc: Glen Sullivan, Foggy Mountain Nursery (via email)
William Elliot, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file