20081755 Ver 2_Approval Letter_20081211

O?OF W ATFRQG
r
o <
Coleen H. Sullins, Director
Division of Water Quality
December 11, 2008
DWQ# 08-1755
Wilkes County
Ms. Carolyn McDowell
PO Box 567
Wilkesboro, NC 28697
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. McDowell:
You have our approval, in accordance with the attached conditions, to place permanent fill in 100 linear feet
to two Unnamed Tributaries to the South Yadkin, in order to construct road crossings for the Five Springs SD
on Cove Gap Road near Wilkesboro in Wilkes County, as described in your application received by the
Division on November 24, 2008 and additional information received in the Winston-Salem Regional Office
on December 9, 2008. After reviewing your modification application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3705, which can be viewed on our. web site at
http://www.ncwaterquality.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 (including trout buffer waivers as necessary), 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:
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:
Identifier Stream Impact length
Stream Crossing #1 UT 1 to South Yadkin 50 linear feet
Stream Crossing #2 UT 2 to South Yadkin 50 linear feet
Total 100 linear feet
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.newateEguality.org
An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
N
e
o Carolina
NafiMrally
Ms. Carolyn McDowell
December 11, 2008
DWQ # 08-1755
Page 2
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland; water and buffer impact. These
mechanisms shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap previously
placed in either stream channel shall be removed unless it is necessary for stream stabilization. Any rip-
rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
4. Natural fiber matting for stream stabilization is recommended over plastic matting that can impinge and
entrap small animals.
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 NCDWQ at the address
listed on the form.
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 contact Amy Euliss in the DWQ Winston-Salem Regional Office at 336-
771-4959 or at [e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Derek Goddard, Blue Ridge Environmental Consultants, 562 Helen Court, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Ms. Carolyn McDowell
December 11, 2008
DWQ # 08-1755
Page 3
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