20190454 Ver 1_Approval Letter_20190506

DocuSign Envelope ID: 70056736-6CO3-43CF-A3D6-484FA314CDC1
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Foggy Mountain Nursery
Attn: Glen Sullivan
2251 Ed Little Rd
Creston NC 28615
STATE o
NORTH CAROLINA
Environmental Quality
May 6, 2019
DWR # 20190454
Alleghany County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Scudder Stream Stabilization Project
Dear Mr. Sullivan:
You have our approval for the impacts listed below for the purpose described in your application dated
April 1, 2019, received by the Division of Water Resources (Division) April 11, 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 or 27 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
South Fork New River
101 (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: 70056736-6CO3-43CF-A3D6-484FA314CDC1
Foggy Mountain Nursery
DWR# 20190454
401APPROVAL
Page 2 of 4
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 permittee shall provide on-site supervision of stability work including, but not limited to
bank re -sloping, in -stream structure placement, and riparian zone re-establishment, by an
appropriately trained individual. [15A NCAC 02H .0506(b)(2)]
4. 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)]
5. To protect Eastern Hellbender breeding, nesting and hatchling development, no stream or
streambank work shall be conducted between September 1 to November 30.
6. The Permittee shall avoid disturbance of Eastern Hellbenders and large flat rocks of at least one
foot in diameter which serve as their shelter as much as practical during construction activities.
If Eastern Hellbenders are discovered during construction activities, they are to be captured in a
bucket and moved away from the construction area and the appropriate NCWRC staff is to be
notified.
7. This authorization exempts the Permittee from meeting Condition 11.9 in the attached General
Certification #4134 for the placement of in -stream structure material for bank stabilization 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 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)]
8. 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: 70056736-6CO3-43CF-A3D6-484FA314CDC1
Foggy Mountain Nursery
DWR# 20190454
401APPROVAL
Page 3 of 4
9. 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. 143-215.5]
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:OOam and S:OOpm, 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: 70056736-6CO3-43CF-A3D6-484FA314CDC1
Foggy Mountain Nursery
DWR# 20190454
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,
DocuSigned by:
145B49E225C94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134
cc: Brett Scudder, Florida Trust Management Services LLC as Trustee of the Piney Creek Land
Trust (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