20021259 Ver 1_Approval Letter_20021007

WA ?F Michael F. Easley, Governor
Q R William G. Ross Jr., Secretary
QG North Carolina Department of Environment and Natural Resources
\Q?
bua
co ??) 7 Alan W. Klimek, P.E. Director
'"? ] Division of Water Quality
O "tOctober 7, 2002

CERTIFIED MAIL: 7002 0860 0007 8093 0116
Return Receipt Requested
American Wetlands and Natural Resources Exchange Corporation f
Lamar Beasley, President r
11876 Sunrise Valley 02"0-
Suite 200
Reston, VA 20191 t,,TLA,,,,o
SUBJECT: APPROVAL of 401 Water Quality Certification with Additional
Deep. Creek Stream Restoration and Road Crossing
DWQ Project # 02 1259
Yadkin County
Dear Mr. Beasley:
You have our approval, in accordance with the attached conditions (WQC # 3353 and
#3375), to relocate 4526 linear feet and culvert 50 linear feet of Unnamed Tributaries to Deep
Creek, Class WS-IV waters, Yadkin-Pee Dee River Basin, in order to restore approximately 5526
feet of stream and the associated riparian buffers. The activity must be conducted as indicated in
your application received by the Division of Water Quality on August 8, 2002 and modification
received on October 3, 2002.
We have determined that General Water Quality Certification Numbers 3353 and 3375
cover the stream restoration and'culvert activities, respectively. These Certifications allow you to
use Nationwide Permit Numbers 27 and 14 when issued by the US Army Corps of Engineers.
Please keep in mind that there may be additional Federal, State and Local regulations applicable to
your project, such as the Sedimentation and Pollution Control Act, Non-Discharge and Water
Supply Watershed Regulations, whereby you may be required to obtain permits and/or approvals
prior to beginning your project. In addition, this approval will expire when the accompanying 404
Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your
application and additional information. If you change your project, you must notify the Division
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 Certifications 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, compensatory
mitigation may be required as described in 15A NCAC 2H .0506(h).
vow,
iN*ENR
N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 [phone] Customer Service
1 800 623-7748
N

02 1259
Page 2
For this approval to be valid, you must follow the conditions listed in the attached
Certifications and the Conditions listed below.
1. Standard Condition for Stream and Wetland Projects Approved Under GC 3353 (fee paid)
Based on the information provided, this Office considers that all of the conditions of General
Certification (GC)-No. 3353 have been met and that no additional written approval is required
in order to construct the above project. If the project design changes or if the project is not
constructed according to the design then the approval is no longer valid and the plans must be
resubmitted per GC 3353. If the project is to be used for compensatory mitigation credit in the
future then additional written concurrence by this Office is requited. Also, additional
information may be required to complete a review for compensatory mitigation purposes. The
Division of Water Quality (DWQ) is a participant in the Mitigation Banking Review Team
(MBRT) established by the U.S. Army Corps of Engineers. DWQ's approval of a Mitigation
Banking Instrument shall be the sole approval for compensatory mitigation banking credit for
the State as long as the proper 401 Water Quality Certification approvals have been obtained.
Please be advised that the additional information may require that the project be redesigned
and/or that the project not be used for compensatory mitigation credit.
2. The stream and buffer restoration must be constructed, maintained and monitored according to
the approved plans in the application and application modifications. Any repairs or adjustments
to the site must be made according to the approved plans or must receive written approval from
this Office to make the repairs or adjustments.
3. In order for this project to be used as compensatory mitigation for other specific projects you
must obtain written approval from this Office. The request should include the amount of stream
length and buffer area credit requested for accounting purposes. Please specify DWQ project
No. 02 1259 when making your request.
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 from the date of receipt of this letter. To
request a hearing, send a written petition that conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This Certification and its conditions are final and binding unless you request a
hearing.
t_
02 1259
Page 3
This letter completes the review of DWQ Project #02 1259 by the Division of Water Quality
under Section 401of the Clean Water Act. If you wish to review any of the Water Quality
Regulations mentioned here, you can download a copy through the 401/Wetlands Unit web site at
http://h20.enr.state.nc.us/ncwetIands. If you have any questions, please contact Mrs. Jennifer Frye at 336-
771-4600, ext. 275 or Mr. Todd St. John at 919-733-9584.
Sincerely,
r ---en Alan W. Klimek, P.E.
Attachments: GC # 3375..(3/18/.02), GC #3353 (3/1/02), COC
cc: Peter Jelenevsky, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27560
Todd Tugwell, Raleigh Regulatory Field Office, USACE
Wetlands/401 Unit Central Office
Todd St. John, Wetland/401 Unit Central Office
Central Files
WSRO