HomeMy WebLinkAbout20091072 Ver 1_Approval Letter_20091023LT-WVWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 23, 2009
DWQ# 09-1072
Surry County
Mr. Roger Brian Anthony
1705 Mountain Park Rd
State Rd, NC 28676
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Anthony:
You have our approval, in accordance with the attached conditions, to place fill or otherwise impact 149 linear feet of
stream and 0.09 acres of wetlands in order build ponds on private property at 1705 Mountain Park Rd, State Road, NC
in Surry County, as described in your application received by the Division of Water Quality (Division) on October 6,
2009. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3705, which can be viewed on our web site at htip://www.ncwaterqualiiy.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, 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:
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
Identifier Stream Impact length (feet)
Pond fill UT to South Fork Mitchell River 38 linear feet
Pond flooding UT to South Fork Mitchell River 111 linear feet
Total 149 linear feet
2. As of July 1, 2005, anyone interested in stocking inland fishing waters with fish, mollusks, or crustaceans must
obtain a stocking permit issued by the NC Wildlife resources Commission pursuant to 15A NCAC IOC .0209.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 North C arolina
Internet: www.ncwaterquality.org vvaturail'ff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Roger Brian Anthony
DWQ# 09-1072
October 23, 2009
Page 2 of 3
A minimum flow release should be provided so that downstream aquatic habitats are not impacted and water
quality standards are not violated.
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 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 Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
sue.homewood@ncmail.net.
Sin rely,
p
oleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401