20180167 Ver 1_Approval Letter_20180411

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Water Resources
Environmental Quality
April 11, 2018
ROY COOPER
Governo;-
MICHAEL S. REGAN
.Secretm•v
LINDA CULPEPPER
Interim Director
DWR # 20180167
Wilkes County
Benjamin Ray
218 Ferncliff Rd
Boone, NC 28607
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Benjamin Ray Pond
Dear Mr. Ray:
You have our approval for the impacts listed below for the purpose described in your application dated January 31,
2018, received by the Division of Water Resources (Division) February 5, 2018, with subsequent information on
March 13, 2018, March 22, 2018 and April 10, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4139 and the conditions listed below This certification is associated with the use of
Nationwide Permit Number 29 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
Amount Approved (units)
Temporary
Stream
425 (linear feet)
0 (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)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)]
3. The water release structure for this pond must be maintained as a cold -water release structure. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02 .0200 (2} and (3)(j)]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Benjamin Ray
DW R# 20180167
401 APPROVAL
Page 2 of 3
4. An NCWRC stocking permit is necessary for pond restocking. As of July 1, 2005, anyone interested in
stocking inland fishing waters with fish, mollusks or crustaceans must obtain a stocking permit issued by the
NC Wildlife Resources Commission pursuant to 15A NCAC 10C.0209. The purpose of this new regulation is
to protect native or legally established aquatic species from the potentially damaging effects of unauthorized
stockings (Appendix 2. —15A NCAC 10C.0209 Transportation of Live Fish as amended effective June 1,
2005). [15A NCAC 10C.0209]
Please be aware that by having impacted streams without first applying for and securing the issuance of a
401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code
(NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification required by Section 401
of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500]
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) /thirty
(30) calendar days.
A petition form may be obtained from the OAH at http:Hwww.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 8:00am 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
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

Benjamin Ray
DWR# 20180167
401APPROVAL
Page 3 of 3
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,
J, ;�
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: William Elliott, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Tim Latham, DEMLR (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file