20180474 Ver 1_Approval Letter_20180508

Water Resources
Environmental Quality
May 8, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lnterina Director
DWR # 20180474
Watauga County
Town of Boone
Attn: John Ward, Town Manager
PO Box 82
Boone NC 28607
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Boone Greenway Extension
Dear Mr. Ward:
You have our approval for the impacts listed below for the purpose described in your application dated March 8,
2018, received by the Division of Water Resources (Division) April 2, 208, and with subsequent information on April
25, 2018. These impacts are covered by the attached Water Quality General Certification Number 4135 and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that yo'u 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 impact
Stream 40 (linear feet)
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)]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Town of Boone
DWR# 20180474
401 APPROVAL
Page 2 of 3
3. Due to the sensitivity of downstream species, additional attention shall be made to ensure that adequate
protective measures are taken during clearing and construction activities to protect downstream waters
from turbidity and/ or sedimentation. All measures shall be regularly inspected and properly maintained to
ensure proper function until the site is permanently stabilized. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
4. 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 04B .01251
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
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

Town of Boone
DWR# 20180474
401 APPROVAL
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,
Sulllt-'Y I / '—' 4�
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4135
cc: Adam Williams, Brushy Fork Environmental Consulting Inc. (via email)
Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file