20070406 Ver 1_Approval Letter_20070319

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Mr. Frank Mingo
West Mill Creek Holdings, LLC
8032 NW 161 Terrace
Miami Lake, FL 33016
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Noyt~ Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 19, 2007
DWQ# 07-0406
Ashe County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mingo:
West Mill Creek Holdings, LLC has our approval, in accordance with the attached conditions, to place
permanent fill in 80 linear feet of perennial stream and in 30 linear feet of intermittent stream and temporary
fill in 6 linear feet of intermittent stream in order to construct three (3) permanent road crossings for the West
Mill Creek Estates residential subdivision located on West Mill Creek Road near Clifton in Ashe County, as
described in your application received by the Division of Water Quality (DWQ) on March 5, 2007. After
reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Numbers 3631 and 3634, which can be viewed on our web site at
http://www.ncwaterquality.org/wetlands.html. These Certifications allow you to use Nationwide Permit
Numbers 29 and 33 respectively when they are 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 Certifications.
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 these 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, 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 certifications, 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 these
Certifications are met. No other impacts, including incidental impacts, are approved:
NorthCarolina
,1Vatura!!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 http:!/www.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Frank Mingo
Page 2, DWQ# 07-0406
March 19, 2007
Amount A roved Plan Location or Reference
Streams 116 linear feet Mill Creek and an unnamed tributary located off of West Mill Creek
Road in the West Mill Creek Estates residential subdivision near
Clifton, in Ashe County, as depicted on the site plan included with the
application

2. Instream work and land disturbance within the twenty-five (25) foot trout buffer is prohibited during the
trout spawning season of October 15`h through April 15`h in order to protect the egg and fry stages of
trout.
3. 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 I 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.
4. 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.
5. 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.
6. 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.
.,
7. 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

NIr. Frank Mingo
' Page 3, DWQ# 07-0406
March 19, 2007
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 di charged as
sheet flow prior to entering the riparian buffer on either side of the stream.
8. 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 upstream and downstream of each culvert site and temporary crossing to document correct
installation.
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,
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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. John C. Vilas, E'nV Environmental Consulting Services, Inc., 3764 Rominger Road, Banner Elk,
NC 28604