20031235 Ver 1_Approval Letter_20031119

?CF WATF9P Michael F. Easley, Governor
William G. Ross Jr., Secretary.
\? G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
Division of Water Quality
Q Coleen H. Sullins, Deputy Director
Division of Water Quality
WETLANDS 1401 GROUP November 19 2003
Mr. Manley Todd Carter
1905 West Main Street
Yadkinville, NC 27055
NOV 2 5 2003
WAFER QUAL[fY SECTION
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Carter:
,
DWQ# 03-1235
Yadkin County
You have our approval, in accordance with the attached conditions, to place permanent fill in 110 linear feet of
intermittent stream and to flood 282 linear feet of intermittent stream along an unnamed tributary to Cranberry
Creek in order to construct a private recreational pond in Yadkin County, as described in your application
received by the Division of Water Quality (DWQ) on October 2, 2003. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Number 3402 which can be
viewed on our web site at http:Hh2o.enr.state.nc.us/ncwetlands. This Certification allows you to use
Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should
get any other 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 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 certifications, as well as
the additional conditions listed below:
No waste, spoil, solids, or fill of any kind shall be placed in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
2. Use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of riprap or other bank hardening methods. If riprap is necessary, its use in the
streambed shall be limited to the minimum amount required to prevent scouring at the discharge end of
the culvert during normal flow conditions.
3. Concrete shall not be allowed to come in contact with any surface w ters until it has completely cured.
61
?- s WX
N. N. C. Division of Water Quality, 401 Wetlands Certification Unit NO V 2 ® 2003 Tul NraENR
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919 733-1786 hone 919-733-6893 fax (htti):/fh2o.enr.state.nc.us/ncwetiands) P ? V'
Customer Service #: 1-877-623-6748 TION
4. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids and other toxic materials.
5. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. This certificate should be sent to the 401/Wetlands Unit of the NC Division of Water Quality
at the address listed on the form. Along with the Certificate of Completion form, please send
photographs upstream and downstream of each culvert site in order to document correct installation.
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.
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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-771-
4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
100,
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy