20190323 Ver 1_Approval Letter_20190415

DocuSign Envelope ID: 9EB7AF46-E108-46C1-9F7B-22COBB7D9D01
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Brushy Fork Environmental Consulting Inc.
Attn: Adam Williams
101565 Hwy 421 South
Trade TN 37691
STATE o
NORTH CAROLINA
Environmental Quality
April 15, 2019
DWR # 20190323
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Wilson WNCSI Project
Dear Mr. Williams:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) March 12, 2019, with payment received on
March 15, 2019, and with subsequent information on April 12, 2019. 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)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
North Fork New River
2300 (linear feet)
0 (linear feet)
North Fork New River —
stream crossing
replacement
12 (linear feet)
0 (linear feet)
Brush Fork
805 (linear feet)
0 (linear feet)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
�'—�`f 336-776-9800

DocuSign Envelope ID: 9EB7AF46-E108-46C1-9F7B-22COBB7D9D01
Brushy Fork Environmental Consulting Inc.
DWR# 20190323
401APPROVAL
Page 2 of 4
404/401 Wetlands
Construction Access 0 (acres) 0.004 (acres)
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. North Fork New River and Brush Fork are Class C; ORW, Trout Waters. In order to
protect downstream uses for Trout Waters a requirement of this Certification is that any
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]
4. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
5. This authorization exempts the Permittee from meeting Condition 11.9 in the attached
General Certification #4134 for the placement of in -stream structure material into North
Fork New River and Brush Creek. The Permittee shall take all reasonable measures to
construct in -stream structures while keeping heavy equipment out of the stream
channel. Only equipment that is being used to install structures may enter the stream
channel. This exemption does not authorize the use of equipment within the stream
channel for any other purpose such as a haul road, access, streambank reshaping etc.
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 02B. [15A NCAC 02H
.0506(f)]
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)]

DocuSign Envelope ID: 9EB7AF46-E108-46C1-9F7B-22COBB7D9D01
Brushy Fork Environmental Consulting Inc.
DWR# 20190323
401APPROVAL
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
.02001 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. 143-215.5]
This Certification can be contested as provided in 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

DocuSign Envelope ID: 9EB7AF46-E108-46C1-9F7B-22COBB7D9D01
Brushy Fork Environmental Consulting Inc.
DWR# 20190323
401APPROVAL
Page 4 of 4
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,
EDocuSigned by:
554866CO265C47A...
for Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4133
cc: Linda Donnelly Wilson, 19960 NC Hwy 88 W, Creston NC 28615
Amanda Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file