20171002 Ver 1_Approval Letter_20170911

September 11, 2017
Foggy Mountain Nursery
Attn: Glen Sullivan
2251 Ed Little Rd
Creston NC 28615
ROY COOPER.
Goverwr
MICHAEL S. REGAN
:tiecreta+}
S. JAY ZIMMERMAN
Director
DWR # 20171002
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Phillips Stream Stabilization Project
Dear Mr. Sullivan:
You have our approval for the impacts listed below for the purpose described in your application
dated August 8, 2017, received by the Division of Water Resources (Division) August 10, 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:
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 02H .0506(b) and/or (c)]
Type of Impact Amount Approved (units)
Permanent
Stream
South Fork New River 126 (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
Certification(s)/Perm it/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Foggy Mountain Nursery
DWR# 2017-1002
401 APPROVAL
Page 2 of 3
3. This authorization exempts the Permittee from meeting Condition 11.9 in the attached
General Certification for the placement of in -stream structure material into the South Fork
New River. 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 any time.
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)]
4. The designer or their designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
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. [15A NCAC 02H .0506(b)(2)]
6. Natural fiber matting is recommended for streambank stabilization over plastic matting that
can entrap small animals. [15A NCAC 02H .0506(b)(2)]
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. [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 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.

Foggy Mountain Nursery
DWR# 2017-1002
401 APPROVAL
Page 3 of 3
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
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 sue.homewoodO-ncdenr.gov if you have any
questions or concerns.
Enclosures: GC 4087
Sincerely,
Y Vu
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ —
WSRO
cc: Joseph & Sarah Phillips ([e-mail])
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file