HomeMy WebLinkAbout20081641 Ver 1_Approval Letter_20081204W AT
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p?pF Michael F. Easley, Governor
? William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
C Coleen H. Sullins, Director
Division of Water Quality
December 4, 2008
DWQ# 08-1641
Ashe County
Tony & Nita Langer
PO Box 238
Deep Gap, NC 28618
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr.& Mrs. Langer:
You have our approval to conduct stream restoration and enhancement activities, in accordance with the
attached conditions, along a total of approximately 325 existing linear feet of an unnamed tributary to South
Fork New River, located on your property at US Hwy 221 near Fleetwood, NC in Ashe County, as described
in your application received by the Division of Water Quality on August October 30, 2008. 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 http://www.ncwaterqualit?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:
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
lntemet: www.ncwaterguality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Noe Carolina
?turally
Mr. & Mrs. Langer
December 4, 2008
Page 2
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:
Stream Impacts
Location Identifier Amount Approved Type of Impact
(linear feet)
UT to South Fork 20 Replace existing culvert
New River
UT to South Fork 305 Install cross vanes, slope banks for
New River stabilization.
Total 325
2. All stream banks and any newly established buffer areas shall be planted with native vegetation,
including a mixture of hard wood species and herbaceous vegetation.
3. Upon completion, the project shall be visually monitored for one year, or two bankfull events,
whichever is longer. Any problems noted during the inspections shall be documented and reported to
the Division of Water Quality, Winston-Salem Regional Office, 585 Waughtown Rd, Winston-Salem,
NC 27107 within 30 days of discovery. Any repairs deemed necessary will require approval from the
Division of Water Quality prior to conducting the repairs.
4. 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 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sinc y,
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Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
Lynn Caldwell, NCNB, PO Box 1480, West Jefferson, NC 28694
DWQ Wetlands/401
DWQ Winston-Salem Regional Office