HomeMy WebLinkAbout20181448 Ver 1_Approval Letter_20181205NORTH CAROLINA
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December 5, 2018
Kathy Reece
265 Green Reeson Rd
Sugar Grove, NC 28679
DWR # 20181448
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Reece Streambank Stabilization
Dear Ms. Reece:
You have our approval for the impacts listed below for the purpose described in your
application dated October 24, 2018, received by the Division of Water Resources (Division)
October 25, 2018, and with subsequent information on November 26, 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 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)]
M"�
North Carolina Department of Environmental Quality ; Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800
Ms. Kathy Reece
DWR# 20181448
401 APPROVAL
Page 2 of 4
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 designer or his designee shall supervise all bank stabilization activities. [15A NCAC
02H .0506(b)(2)]
4. This authorization exempts the Permittee from meeting Condition 11.9 in the attached
General Certification #4134 however the majority of stream flow shall be diverted
around the work area along the stream bank. All reasonable steps must be taken to
limit the amount of disturbance in the channel and to therefore reduce downstream
turbidity during construction. No heavy equipment shall be allowed within the river
during the project other than to place and/or remove the water barriers/diversion
materials. This exemption does not relieve the Permittee of meeting stream standards
as indicated. in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
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. 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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Watauga River
75 (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 designer or his designee shall supervise all bank stabilization activities. [15A NCAC
02H .0506(b)(2)]
4. This authorization exempts the Permittee from meeting Condition 11.9 in the attached
General Certification #4134 however the majority of stream flow shall be diverted
around the work area along the stream bank. All reasonable steps must be taken to
limit the amount of disturbance in the channel and to therefore reduce downstream
turbidity during construction. No heavy equipment shall be allowed within the river
during the project other than to place and/or remove the water barriers/diversion
materials. This exemption does not relieve the Permittee of meeting stream standards
as indicated. in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
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. 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)]
Ms. Kathy Reece
DWR# 20181448
401 APPROVAL
Page 3 of 4
7. The permittee shall report to the Winston Salem Regional Office any noncompliance
with this certification, any violation of stream or wetland standards [15A NCAC 02B
.0200] including but not limited to sediment impacts, and any violation of state
regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time
the applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
This approval and its conditions are final and binding,unless contested. [G.S. 143-215.51
This Certification can be contested as provided in General Statute 1506 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.nc6ah.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.
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
Ms. Kathy Reece
DWR# 20181448
401 APPROVAL
Page 4 of 4
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: Derek Goddard, BREC (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