20021897 Ver 2_Approval Letter_20040223

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February 23, 2004
DWQ# 02-1897
Avery County
Dr. Richard Wolf
Banner Elk Winery and Vineyards, LLC
P.O. Box 128
Banner Elk, NC, 28604-0128
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Dr. Wolf:
You have our approval, in accordance with the attached conditions, to place fill in 0.25 acre of wetlands in order to
construct a building pad and parking lot at the Banner Elk Winery & Vineyards in Avery County, as described in your
application received by the Division of Water Quality on February 12, 2004. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 when issued by
the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, 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 only valid for the purpose and design that you 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 fills for this project (now or in the future) exceed one acre; 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 and the additional conditions listed below:
1. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form
to notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in order to protect surface waters
standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
t`K
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htro•//h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Dr. Richard Wolf
February 23, 2004
Page 2 of 2
3. 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;
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 devices in wetlands and 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;
5. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective
buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
hftp://h2o.enr.state.nc.us/ncwetlands;
6. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds [15A NCAC 413
.0024]; see NCDOT publication, Best Management Practices for the Protection of Surface Waters (March 1997);
7. Wetland impacts shall be minimized through the use of the shared driveway for lots 5 and 6.
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 Kevin Barnett in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in our
Central Office at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
John Vilas, E'nV, 3764 Rominger Road, Banner Elk, NC, 28604
021897