20180119 Ver 2_Draft Approval Email_20181119

Strickland, Bev
From: Price, Zan (George)
Sent: Monday, November 19, 2018 9:52 PM
To: 'Howard Brown CAROLINA MOUNTAIN'
Cc: Higgins, Karen; Robert K Mitchell ([e-mail])
Subject: Draft Approval - 339 Cold Springs Creek Road Trout Farm
Attachments: 20181119_Coldspring Trout Farm Intake_Modification_APPRV_DRAFT.docx
Mr. Brown,
See attached DRAFT approval letter from the Division of Water Resources (Division) for your review. Your application
will be placed on hold during this review period. The Division intends to issue this approval letter on Wednesday,
November 21st unless we receive additional information from you regarding your application.
Feel free to contact me anytime if you have any questions or concerns.
Regards,
Zan Price, P.E.
Assistant Regional Supervisor — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4662 office
828 231 9634 mobile
zan.price(a)ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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November 19, 2018
DWR 9 18-0119 V2
Macon County
Howard R. Brown
P.O. Box 2391
Andrews, NC 28901
DRAFT
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
339 Cold Springs Creek Road Trout Farm
Dear Mr. Brown:
You have our approval for the impacts listed below for the purpose described in your application
dated November 13, 2017, and received by the Division of Water Resources (Division) on
January 24, 2018, with additional information received on February 15, 2018. A modification
request was received by the Division on August 10, 2018 and additional information was
received on September 20, 2018. These impacts are covered by the attached Water Quality
General Certification Number 4139 and the additional conditions listed below. This certification
shall replace the certification dated March 5, 2018. This certification is associated with the use
of Nationwide Permit Number 18 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, Water Supply Watershed, and Trout Buffer regulations.
Any person that discharges or proposes to discharge waste to the surface waters of the state must
obtain a National Pollutant Discharge Elimination System (NPDES) permit prior to the initiation
of such discharge. The issuance of this 401 Water Quality Certification does not guarantee that
the applicant will be granted a NPDES permit for the trout farm discharge.
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828-296-4500

339 Cold Springs Creek Road Trout Farm
DWR# 18-0119 V2
401 Approval
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream
Impact S 1 1 20 (linear feet)
2. This approval is for the purpose and design described in your application and additional
information provided. The plans and specifications for this project are incorporated by
reference as part of the Certification/Authorization. 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) and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. The applicant shall install a flow measurement device to record instream flows and
withdrawn flows. The applicant can withdraw up to 1,000 gallons per minute (gpm)
from Cold Springs Creek, but must maintain at least 600 gpm in the bypass stream reach
(i.e. stream reach between the intake and discharge points). Withdrawal and instream
flow rate records shall be kept onsite for a minimum of three (3) years, available for
inspection upon request by the Division. [15A NCAC 02H .0506 (b)(2)]
4. The stream is a Class Trout Waters. In order to protect ownstream uses for Class C,
Trout Waters a requirement of this Certification is that any work conducted within the
stream may not occur between the dates of January 1 through April 15. [ 15A NCAC
02H (b)(2) 5 4B .O1
5. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02 506 (b)(3) and (c)(3) and 15A NCAC 02B .0211(12)]
6. All mec anized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Asheville
Regional Office at 828.296.4500 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 0211 .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0211(12), and GS 143 Article 21A]

339 Cold Springs Creek Road Trout Farm
DWR# 18-0119 V2
401 Approval
Page 3 of 4
7. The permittee shall report to the Asheville 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 [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
8. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this
Certification, including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A
NCAC 02H.0506 (b)(2) and (c)(2)]
This approval and its conditions are final an�bin unless con ested. [G.S. 143-215.5]
P
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 da s.
— IL
A petition form mayobtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office 19) 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:OOam and 5:OOpm, excluding
official state boli ays).
The petition may e 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 O
If sending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

339 Cold Springs Creek Road Trout Farm
DWR# 18-0119 V2
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 by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Kevin Mitchell at 828-296-4650 or
kevin.mitchell(c�r�,ncdenr.gov if you have any questions or co
Enclosures:
cc
Zan Price, P.E., Assis
Water Quality Regional
Office
Howard Brown — Owner (via email)
David Brown — USACE Asheville Regula ory Field Office (via email)
A dreaTeslie — NCWRC (via email) IM
San Aiken — Division of Energy, Mineral, and Land Resources (via email)
R ARO 401 files
G:\WR\WQ\Macon\40ls\Non-DOT\Coldspring Tro Farm Intake 2017\20181119_Coldspring Trout Farm
Intake _Modifation APPRV DRAFT.docx
Supervisor