HomeMy WebLinkAbout20190796 Ver 1_Approval Letter_20190717DocuSign Envelope ID: 2088DBB8-9D31-4F23-AA9F-OD1A15E38878
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Timbercreek Landscaping
Attn: Scott Grubb
837 Golf Course Rd
West Jefferson, NC 28694
SPATE o
NORTH CAROLINA
Environmental Quality
July 17, 2019
DWR # 20190796
Ashe County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Mayhew Streambank Stabilization Project
Dear Mr. Grubb:
You have our approval for the impacts listed below for the purpose described in your application dated
May 23, 2019, received by the Division of Water Resources (Division) June 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) Amount Approved (units)
Permanent Temporary
Stream 113 linear feet 0 linear feet
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)]
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
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Timbercreek Landscaping
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401APPROVAL
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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)]
4. 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)]
5. 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)]
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.
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 .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 (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy
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Timbercreek Landscaping
DWR# 20190796
401APPROVAL
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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 (919) 431-3100, 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
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 sue.homewood@ncdenr.gov if you have any questions or
concerns.
Sincerely,
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4134
cc: Joshua& Tammy Mayhew (Joshua.mayhew@surise.com)
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