20091188 Ver 1_Approval Letter_20091120

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 20, 2009
DWQ# 09-1188
Wilkes County
Mr. Todd Richardson
242 West Shore Dr
Wilkesboro, NC 28697
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Richardson:
You have our approval, in accordance with the attached conditions, to acknowledge existing fill in 149 linear feet of
stream you installed in order to access a building site at your property adjacent to Hwy 268 in Wilkes County, as
described in your application received by the Division of Water Quality (Division) on November 6, 2009. After
reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number
3705, which can be viewed on our web site at http://www.ncwaterqualily.org/wetlands.html. This Certification allows
you to use Nationwide Permit Number 29 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 permits expire 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 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 fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional 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, as well as the additional conditions listed below:
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
Identifier Stream impact length (feet)
Culvert fill UT to Kerr Scott Reservoir 149 linear feet
Total 149 linear feet
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.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer K`
Mr. Todd Richardson
DWQ# 09-1188
November 20, 2009
Page 2 of 2
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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincer ,
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401