20190860 Ver 1_Approval Letter_20190703

DocuSign Envelope ID: C45FC548-A3D1-40AE-B2AE-F5C3A7F32036
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Devotion Family LLC
Attn: Noah Reynolds
110 Devotion Estate Way
Dobson NC 27017
STATE o
NORTH CAROLINA
Environmental Quality
July 3, 2019
DWR # 20190860
Surry County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Thompson's Branch
Dear Mr Reynolds:
You have our approval for the impacts listed below for the purpose described in your
application dated, April 12, 2019 received by the Division of Water Resources (Division) April 23,
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
Amount Approved
(units)
(units)
Permanent
Temporary
Stream
200 (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: C45FC548-A3D1-40AE-B2AE-F5C3A7F32036
Devotion Family LLC
DWR# 20190860
401APPROVAL
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 the installation of structures and bank
stabilization activities. [15A NCAC 02H .0506(b)(2)]
4. Work must be conducted from the streambank and the majority of stream flow shall be
diverted around work areas along the stream banks such as toe protection and bank
sloping. Work shall be conducted during low flow conditions and completed as quickly
and efficiently as possible. All reasonable steps must be taken to limit the amount of
disturbance in the channel and to therefore reduce downstream turbidity during
construction. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
5. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be
contained outside the wetland boundary. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
6. The stream is classified as 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]
7. 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)]
8. 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

DocuSign Envelope ID: C45FC548-A3D1-40AE-B2AE-F5C3A7F32036
Devotion Family LLC
DWR# 20190860
401APPROVAL
Page 3 of 4
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 1508 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: C45FC548-A3D1-40AE-B2AE-F5C3A7F32036
Devotion Family LLC
DWR# 20190860
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,
EDocuS�igfned by:
l Jti l . 5,,Jtr
145B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations
Section
Division of Water Resources, NCDEQ—
WSRO
Enclosures: GC 4134
cc: Danny Layell, Ace Grading & Environmental 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