20110369 Ver 1_Approval Letter_20110503

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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
Joshua White
Michael Baker Engineering Inc.
8000 Regency Parkway Suite 200
Cary, NC 27518
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. White,
May 3, 2011
DWQ# 11-0369
Surry County
You have our approval to conduct stream restoration and enhancement activities for the Florentino Family Trust, in
accordance with the attached conditions, along a total of approximately 2,800 existing linear feet of the Mitchell River
located near Bryan NC, in Surry County, as described in your application for the Bog Turtle Stream Enhancement
Project received by the Division of Water Quality on April 18, 2011. 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 htlp://www.ncwaterqualiiy.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 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. 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:
Location Identifier Amount Approved Type of Impact
Mitchell River 2,800 linear feet Restoration and Enhancement, see design
.
2. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the
in-stream structures only. 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. This exemption does not relieve
the Permittee of meeting stream standards as indicated in 15A NCAC 02B.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Naturally
Bog Turtle Stream Enhancement
DWQ# 11-0369
May 3, 2011
Page 2 of 3
3. 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.
4. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
5. Visual monitoring of the stream channel and all structures shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever is longer), and then annually until it is determined that all structures
and stream banks are stable (particularly after storm events) and vegetation is successful. Any failures of
structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water
quality of the stream and downstream waters.
6. 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.
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.
Sincerely, t.
oleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Florentino Family Trust, 8490 Southwest 53`d RD CT, Miami FL, 33143
Monte Matthews, USACE Raleigh Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401