20070089 Ver 1_Approval Letter_20070312

p~pF w» rFgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~_ ~
Q ^~ Alan W. Klimek, P.E. Director
Division of Water Quality
March 12, 2007
DWQ# 07-0089
hVatauga County
Mr. Kris Wetherell
N. C. Property Holdings
325 53rd Circle
Vero Beach, FL 32968
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wetherell:
N. C. Property Holdings has our approval, in accordance with the attached conditions, to place permanent fill
in 92 linear feet of perennial stream in order to construct two (2) new road crossings and relocate one (1)
existing crossing for Phase I of the Lost Trails residential subdivision located on Ivan Trivette Road near
Boone in Watauga County, as described in your application received by the Division of Water Quality (DWQ)
on January 16, 2007 and in additional information received by DWQ on March 7, 2007. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number 3402,
which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. This Certification
allows you to use Nationwide Permit Number 39 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 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 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, 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:
Amount A roved Plan Location or Reference
Streams 921inear feet Brushy Fork and two unnamed tributaries located off of Ivan Trivette
Road in Phase I of the Lost Trails residential subdivision in Watauga
County, as de icted on the site lan included with the ap lication

No Carolina
~tura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet ham://www.ncwaterquality.orq
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Kris Wetherell
Page 2, DWQ# 07-0089
March 12, 2007
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion 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 C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality
Standards For Class C 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
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoils, 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. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
6. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
7. 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 Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of the culvert sites to document correct installation.

Mr. Kris Wetherell
Page 3, DWQ# 07-0089
March 12, 2007
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 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
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. Todd J. Poteet, West Consultants, PLLC, 405 South Sterling Street, Morganton, NC 28655