HomeMy WebLinkAbout20180646 Ver 1_Approval Letter_201806264:
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Water Resources
Environmental Quality
June 26, 2018,
Watauga County
Attn: John Furman
814 West King St, Suite 205
Boone NC 28607
Town of Boone,
Attn: John Ward
PO Box 192
Boone NC 28607
HG Watauga LLC
Attn: Don Addis
PO Box 3500
Boone NC 28607
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director•
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
South Fork New River Restoration Project
Dear Sirs:
DWR # 20180646
Watauga County
You have our approval for the impacts listed below for the purpose described in your application dated May 11,
2018, with payment received on June 12, 2018, and with subsequent information on June 12, 2018. These impacts
are covered by the attached Water Quality General Certification Number 27 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 4134 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)]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Watauga County / Town of Boone / HG LLC
DWR# 20180646
401 APPROVAL
Page 2 of 3
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
South Fork New River
4215 (linear feet)
0 (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)]
3. The designer or their designee shall supervise the installation of in -stream structures. [15A NCAC 02H
.0506(b)(2)]
4. 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)]
5. This authorization exempts the Permittee from meeting Condition 11.9 in the attached General Certification
for the placement of in -stream structure material into 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 026. [15A NCAC 02H .0506(f)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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
(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 (919) 431-3100, 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.
Watauga County/ Town of Boone / HG LLC
DWR# 20180646
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.homewood@ncdenr.gov 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 4134
cc: Adam Williams, Brushy Fork Environmental Consulting Inc (via email)
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file