20021259 Ver 1_Approval Letter_20021004

�G
/ Michael F. Easley
� � Governor
(\ V William G. Ross, Jr., Secretary
�1L V Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 4, 2002
American Wetlands and Natural Resources Exchange Corporation
Lamar Beasley, President
11876 Sunrise Valley, Suite 200
Reston, VA 20191
Re: Stream Restoration and Road Crossing
Deep Creek Stream Restoration
Yadkin County
DWQ 021259
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Beasley:
You have our approval, in accordance with the attached conditions, to relocate 4526 linear feet and culvert 50 linear
feet of unnamed tributaries to Deep Creek in order to restore approximately 5526 feet of stream and the associated riparian
buffers as described in your application received by the Division of Water Quality on August 8, 2002 and modifications
received October 3, 2002. After reviewing your application, we have determined that this relocation and culverting are
covered by General Water Quality Certification Numbers 3353 and 3363, respectively. These Certifications allow you to use
Nationwide Permit Numbers 27 and 14, respectively, when Issued by the U.S. Army Corps of Engineers. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not limited to)
Sediment and Erosion Control, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1) Standard Condition for Stream and Wetland Projects Approved Under GC 3353 (fee paid)
Based on the information provided this Office considers that all of the conditions of General Certification (GC) No.
3353 have been met and that no additional written approval is required in order to construct the above project. If the
project design changes or if the project is not constructed according to the design then the approval is no longer
valid and the plans must be resubmitted per GC 3353. If the project is to be used for compensatory mitigation credit
in the future then additional written concurrence by this Office is required. Also, additional information may be
required to complete a review for compensatory mitigation purposes. The Division of Water Quality (DWQ) is a
participant in the Mitigation Banking Review Team (MBRT) established by the U.S. Army Corps of Engineers.
DWQ's approval of a Mitigation Banking Instrument shall be the sole approval for compensatory mitigation banking
credit for the State as long as the proper 401 Water Quality Certification approvals have been obtained. Please be
advised that the additional information may require that the project be redesigned and /or that the project not be used
for compensatory mitigation credit.
2) The stream and buffer restoration must be constructed, maintained and monitored according to the approved plans
in the application and application modifications. Any repairs or adjustments to the site must be made according to
the approved plans or must receive written approval from this Office to make the repairs or adjustments.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mad Service Center, Raleigh, NC 27699 -1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604 -2260 (Location)
919- 733 -1786 (phone), 919 - 733 -6893 (fax), http. //h2o enr state.nc us /ncwetlands/

Page 2 of 2
3) In order for this project to be used as compensatory mitigation for other specific projects you must obtain written
approval from this Office. The request should include the amount of stream length and buffer area credit requested
for accounting purposes. Please specify DWQ project No. 021259 when making your request.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611 -7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Jennifer Frye in our Winston -Salem Regional Office at 336- 771 -4600 or Todd St. John in
this Office at 919 - 733 -9584.
Sincerely,
Alan Klimek, P.E.
Attachments
cc: DWQ Wetlands Unit
Peter Jelenevsky, S &EC, 11010 Raven Ridge Road, Raleigh, NC 27560
Todd St. John
File
Central Files