HomeMy WebLinkAbout20070407 Ver 1_Approval Letter_20070430Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 30, 2007
DWQ# 07-0407
Surry County
Mr. Joshua White
Buck Engineering/Michael Baker Corporation
8000 Regency Parkway, Suite 200
Cary, NC, 27511
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. White:
Buck Engineering/Michael Baker Corporation has our approval to conduct stream restoration, enhancement,
and stabilization activities, in accordance with the attached conditions, along a total of 3,220 linear feet of
Beech Creek located off of West Old McKinney Road south of Mount Airy in Surry County, as described in
your application received by the Division of Water Quality on March 5, 2007 and in additional information
received by DWQ on Apri120, 2007. After reviewing your application, we have determined that this activity
is covered by General Water Quality Certification Number 3626, which can be viewed on our web site at
http://www.ncwatercLuality.or~/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. If total wetland fills for this
project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, 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:
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:
Amount A roved Plan Location or Reference
Streams 3,220 linear feet Beech Creek located off of West Old McKinney Road in Surry
County as shown on the site lan included kith the PCN.
~ne Carolina
~aturally
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/www.ncvuaterouality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Joshua White
Page 2, DWQ# 07-0407
Apri130, 2007
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date of
project completion or, if applicable, within six months of the date of project release by the Division of
Land Resources.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. 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.
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.
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-
4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
~~~~~~ ~~
Alan W. Klimek, P.E.
Mr. Joshua White
Page 3, DWQ# 07-0407
Apri130, 2007
AWK/cdl
Attachments
cc: Mr. Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Mr. Richard Everhart, Surry Soil and Water Conservation District, P. O. Box 218, Dobson, NC 27017