20100294 Ver 1_Approval Letter_20100604

A LT-NY-WA
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 4, 2010
DWQ# 10-0294
Wilkes County
Ken Noland, Town Manager
Town of Wilkesboro
203 West Main St
Wilkesboro, NC 28697
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Noland:
You have our approval, in accordance with the attached conditions, to place fill or otherwise impact 40 linear feet of
Tucker Hole Creek in order install a permanent utility crossing for Town of Wilkesboro Sewer Line, in Wilkes County,
as described in your application received by the Division of Water Quality (Division) on April 21, 2010 and additional
information received May 27, 2010. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Number and 3819, which can be viewed on our web site at
htlp://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 12
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 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:
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:
Stream Impacts
Identifier Waterbody Impact
Site 1 Tucker Hole Creek 40 linear feet
Total 40 linear feet permanent impact
2. Since multiple pipes will be installed, the stream should only flow through one pipe during normal flow
conditions and through the other pipes above bankfull conditions. Floodplain benches should be installed above
and below the pipes to restore natural channel dimensions upon installation of the pipes. The benches should be
constructed of natural materials for bench stability.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
Ken Noland
DWQ# 10-0294
June 4, 2010
Page 2 of 3
3. 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.
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
sue. [e-mail].
Sincerely,
*le
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Ben Clawson, Municipal Engineering Services Co. P.A. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401;