20100834 Ver 1_Approval Letter_20101117

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Bob Helms
PO Box 587
West End, NC 27376
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Helms:
November 17, 2010
DWQ# 10-0834
Watauga County
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of wetlands and 64
linear feet of stream in order to install a relocated dumpster pad for an adjacent apartment complex located on
Hwy 421 in Boone, NC in Watauga County, as described in your application received by the Division on
October 7, 2010 and additional information received November 5, 2010. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Numbers 3821, which can
be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_ certifications.htm. This
Certification allows you to use Nationwide Permit Number 29 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
NorthCarolina
Naturallff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Bob Helms
DWQ# 10-0834
November 17, 2010
Page 2
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:
Wetland site Type of Impact Impact area
W1 Fill 0.01 acres
Total 0.01 acres permanent impact
Stream site Stream Name Impact length
S1 UT to Boone Creek 64 linear feet
Total 64 linear feet ermanent im act
2. You have indicated an impervious surface area of 22% in the PCN Application dated October 1, 2010
and approved by this written 401 Water Quality Certification. You are reminded that if at any time in the
future you further develop the parcel as shown in the PCN Application, you will be required to comply
with Condition No. 12 in GC No. 3821.
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 [e-mail].
Sincerely,
V" Coleen H. Sullins, Director
Division of Water Quality
cc: Tasha McCormick, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
John Vilas, ENV-ECS, Inc. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401