20180457 Ver 1_Approval Letter_20180411

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Water Resources
Environmental Quality
April 11, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretcrry
LINDA CULPEPPER
lnterini Director
DWR # 20180457
Watauga County
Brushy Fork Environmental Consulting Inc
Attn: Adam Williams
10565 Hwy 421 South
Trade TN 37691
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Winkler Creek Stream Stabilization
Dear Mr. Williams:
You have our approval for the impacts listed below for the purpose described in your application dated and received
March 29, 2018. These impacts are covered by the attached Water Quality General Certification Number 4134 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
Winkler Creek 165 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 stream is a Class WS -II CA, .HQW, Trout Waters. In order to protect downstream uses for 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 04B .0125]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Brushy Fork Environmental Consulting Inc.
DWR# 20180457
401 APPROVAL
Page 2 of 3
4. The designer or their designee shall supervise the installation of in -stream structures. [15A NCAC 02H
.0506(b)(2)]
This authorization exempts the Permittee from meeting Condition 11.9 in the attached General Certification
for the placement of in -stream structure material into Winkler Creek. The Permittee shall take all
reasonable measures to construct in -stream structures while keeping heavy equipment out of the stream
channel. Only excavation equipment for the purpose of structure installation shall be allowed access to work
in the flowing stream. 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. 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 0213. [15A NCAC 02H .0506(f)]
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) /thirty
(30) 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 8:00am 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

Brushy Fork Environmental Consulting Inc.
DWR# 20180457
401APPROVAL
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,
11
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l a.vU
X31 riLv�
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134
cc: Mossy Creek Investments LLC ([e-mail])
Optimus Club of Boone Inc, 1012 State Farm Rd, Boone INC 28607
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file