20080930 Ver 1_Approval Letter_20080709

y • O~ W ATF9 Michael F. Easley, Governor
\0 Q61 William G. Ross Jr., Secretary

CO North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 9, 2008
DWQ# 08-0930

Surry County

Mr. Jeff Boyles
City of Mount Airy
440 East Pine Street
Mount Airy, NC 27030

APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Boyles:

You have our approval to conduct stream enhancement and stabilization activities, in accordance with the
attached conditions,. along a total of approximately 17,473 existing linear feet of the Ararat River and 100
linear feet of three unnamed tributaries to the Ararat River, located in Mount Airy, NC in Surry County, as
described in your application received by the Division of Water Quality on June 9, 2008. After reviewing
your application, we have determined that this activity is covered by General Water Quality Certification
Number 3689, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local permits before you
proceed with your project, including (but not limited to) those required by 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 valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe 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. For this approval to be valid,
you must follow the conditions listed in the attached certification, as well as the additional conditions
listed below:

Noe Carolina
;Vatuivlly

North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone] 1-877-623-6748
Internet: www.ncwateEqualitLorg
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Jeff Boyles
Ararat River Enhancement
July 9, 2008
Page 2

1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:

Stream Impacts
Location Identifier Amount Approved Type of Impact
(linear feet)
Ararat River App. 17,473 Enhancement and Stabilization activities
UTI to Ararat River 30 Culvert installation
UT2 to Ararat River 40 Culvert installation
UT3 to Ararat River 30 Culvert installation
Total 17,573

2. All stream banks and any newly established buffer areas shall be planted with native vegetation,
including a mixture of hard wood species and herbaceous vegetation unless the area already has forested
buffer.
3. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification
for the work within the Ararat River. The Permittee shall take all reasonable measures to construct in-
stream structures and enhancement measures while keeping heavy equipment out of the stream channel.
Stream flow will be diverted around work areas as much as practicable. All reasonable steps must be
taken to limit the amount of disturbance in the channel and to therefore reduce downstream turbidity
during construction.

4. Upon completion, the project shall be visually monitored for one year, or two bankfull events,
whichever is longer. Any problems noted during the inspections shall be documented and reported to
the Division of Water Quality, Winston-Salem Regional Office, 585 Waughtown Rd, Winston-Salem,
NC 27107 within 30 days of discovery. Any repairs deemed necessary will require approval from the
Division of Water Quality prior to conducting the repairs.

5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been
completed. This certificate should be returned to the Winston-Salem Regional Office of the NC
Division of Water Quality at the address listed on the form. Along with the Certificate of
Completion, please send photographs showing the restored stream reach.

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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.

Mr. Jeff Boyles
Ararat River Enhancement
July 9, 2008
Page 3

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 Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.

Sinc rely,

l~
Coleen H. Sullins, Director
Division of Water Quality

cc: Monte Matthews, Army Corps of Engineers, Raleigh Regulatory Field Office
kJo hto Baker Engineering, 8000 Regency Parkway, Suite 200, Cary NC 27518
Q Wetlands/401
glullaf ffice
DWQ Central Files

Mr. Jeff Boyles
Ararat River Enhancement
July 9, 2008
Page 4

DWQ Project No.: County:
Applicant:

Project Name:
Date of Issuance of 401 Water Quality Certification:

Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.

Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.

Signature: Date:

Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.

Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.

Signature Registration No.

Date