20091318 Ver 1_Approval Letter_20100301

AAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Dr. David Linzey
Linzey Enterprises LLC
1267 Hopewell Church Rd
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Linzey:
March 1, 2010
DWQ# 09-1318
Watauga County
You have our approval, in accordance with the attached conditions, to place fill and impact 48 linear feet of
Hodges Creek and 0.098 acres of riparian wetlands in order to upgrade an existing road culvert and to
construct the Boone Emergency Vet Clinic and adjacent parking areas located in Boone, NC in Watauga
County, as described in your application received by the Division on December 15, 2009, and additional
information received on January 26, 2010. After reviewing your modification application, we have
determined that this fill is covered by General Water Quality Certification Numbers 3705, which can be
viewed on our web site at http://h2o.enr.state.ne.us/ncwetlands/rd wetlands_certifications.htm. 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
(including trout buffer waivers as necessary), Non-Discharge, State Stormwater, 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:
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www,ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Aaturally
Linzey Enterprises
DWQ# 09-1318
March 1, 2010
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:
Identifier Stream Impact length
Site S1 - culvert extension Hodges Creek 15 feet permanent impact
Site S2 - utility crossing Hodges Creek 8 feet temporary impact
Site S3 - grade control and bank
protection Hodges Creek 25 feet temporary impact
Total 15 linear feet permanent impact
33 linear feet temporary impact
Identifier Wetland Type Impact area
Site W1 Riparian 0.065 acres
Site W2 Riparian 0.02 acres
Site W3 Riparian 0.01 acres
Site W4 Riparian 0.0.002 acres
Total 0.098 acres permanent impact
2. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages
of trout from off-site sedimentation during construction.
3. Since two culverts will be installed, the stream should only flow through one culvert during normal flow
conditions and through the other culvert only during flows above bankfull conditions. Floodplain
benches should be installed to restore natural channel dimensions upon completion of the project. The
benches should be constructed of natural materials for bench stability.
4. The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) as approved by the Division of Water Quality, must be implemented and the
stormwater management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.
5. The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance GC 3704.
6. 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.
Linzey Enterprises
DWQ# 09-1318
March 1, 2010
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 [e-mail].
Sincerely,
K".1-1-
Coleen H. Sullins, Director
e?? Division of Water Quality
cc: Tasha McCormick, U. S. Army Corps of Engineers, Asehville Regulatory Field Office (via email)
John Vilas, ENV-ECS, Inc (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Linzey Enterprises
DWQ# 09-1318
March 1, 2010
DWQ Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form
may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certi acation
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Registration No.
Date