20121081 Ver 2_Approval Letter_20190628

DocuSign Envelope ID: 839BA3DE-540E-43C9-B982-5EE1FF656311
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Watauga County
Attn: Mr. Joe Furman
126 Poplar Grove Connector, Suite 2
Boone NC 28607
STATE o
NORTH CAROLINA
Environmental Quality
June 28, 2019
DWR # 20121081 v2
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Middle Fork Greenway Section 4
Dear Mr. Furman:
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) May 21, 2019, with payment received on May
24, 2019, and with subsequent information on June 7, 2019. These impacts are covered by the attached
Water Quality General Certification Numbers 4134 and 4139 and the conditions listed below. This
certification is associated with the use of Nationwide Permit Numbers 13 and 42 once they are 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
Temp crossing at SC1
0 (linear feet)
15 (linear feet)
Culvert at SC2
19 (linear feet)
0 (linear feet)
Temp crossing at SC3
0 (linear feet)
15 (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: 839BA3DE-540E-43C9-B982-5EE1FF656311
Watauga County
DWR# 20121081 v2
401APPROVAL
Page 2 of 4
Temp crossing at
streambank stabilization
0 (linear feet)
15 (linear feet)
Streambank
Stabilization
157 (linear feet)
0 (linear feet)
Culvert at SC4
27 (linear feet)
0 (linear feet)
Temp crossing at SC5
0 (linear feet)
15 (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. 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 their designee shall provide on-site supervision of stability work including, but
not limited to bank re -sloping, culvert installation, in -stream structure placement, and riparian
zone re-establishment, by an appropriately trained individual. [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 Middle Fork New
River 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: 839BA3DE-540E-43C9-B982-5EE1FF656311
Watauga County
DWR# 20121081 v2
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 .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 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: 839BA3DE-540E-43C9-B982-5EE1FF656311
Watauga County
DWR# 20121081 v2
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,
DocuS�igfned by:
�w. l . c.J,Jcr
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134 / GC 4139
cc: Carrie Caviness, Interface Environmental Consulting, LLC. (via email)
Amanda Jones Fuemmeler, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file