HomeMy WebLinkAbout20070025 Ver 1_Approval Letter_20070126o`'~~ w a r~9p~
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Michael 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
January 26, 2007
DWQ# 07-0025
Watauga County
Mr. Derek Goddard
Blue Ridge Environmental Consultants, Inc.
162 Helen Court
Boone, NC, 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Goddard:
Blue Ridge Environmental Consultants, Inc. has our approval to conduct stream stabilization and
enhancement activities, in accordance with the attached conditions, along 6001inear feet of the Watauga River
along the properties of Mr. George Hilton, Mr. Walter Oldendorf, Mr. Walter Harshman, and Ms. Pink Willis,
all located on Ryans Place near Valle Crucis in Watauga County, as described in your application received by
the Division of Water Quality on January 4, 2007. After reviewing your application, we have determined that
this activity is covered by General Water Quality Certification Number 3495, which .can be viewed on our
web site at http://www.ricwaterqualitYorg. This Certification allows you to use Nationwide Permit Number
13 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 acid 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 equalsi' 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:
North Carolina Division of Water Quality
Wet]ands Certification Unit 1650 Mail Service Center Ra]eigh,NC 27699-1650
2321 Crabtree Blvd. Raleigh, NC 27604-2260
Customer Service Number: 1-877-623-6748
N~o a Carolina
~tllCll~~l~ J
Phone (919) 733-1786 FAX (919) 733-2496
Internet htto:llwww.ncwateroualitv.oro
An Equal OpportunitylAffirmative Action Employer - 50% Recycled170% Post Consumer Paper
Derek Goddard, BREC, Inc.
Page 2, bWQ# 07-0025
January 26, 2007
Amount A roved Plan Location or Reference
Streams 6001inear feet The Watauga River on the Hilton, Oldendorf, Harshman, and
Willis properties on Ryans Place near Valle Crucis in Watauga
County as shown on the topographic map and aerial photograph
submitted with the PCN
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 B waters,-as described in 1 SA NCAC 02B .0219 Fresh Surface Water Quality
Standards For Class B Waters. 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 that the
Division of Land Resources has released the project, if applicable, or otherwise when the project is
completed.
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 all stabilized and enhanced stream reaches.
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.
Derek Goddard, BREC, Inc.
Page 3, DWQ# 07-0025
January 26, 2007
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,
-r~~
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy