HomeMy WebLinkAbout20101065 Ver 1_Approval Letter_20110120NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Resources
Dee Freeman
Secretary
January 20, 2011
DWQ# 10-1065
Alleghany County
Mr. Marshall Ellis
NCDENR-Div. Parks & Recreation
1615 Mail Service Center
Raleigh, NC 27699-1615
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ellis:
You have our approval, in accordance with the attached conditions, to place fill and impact 60 linear feet of
stream to install a culvert extension adjacent to Stone Mountain State Park property on Lyons Rd near Sparta
NC in Alleghany County, as described in your application received by the Division on December 23, 2010
and additional information received January 20, 2011. After reviewing your application, we have determined
that this fill is covered by General Water Quality Certification Numbers 3820, which can be viewed on our
web site 4t http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_ certifications.htm. This Certification allows
you to use Nationwide Permit Number 14 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: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Naturally
Mr. Marshall Ellis
DWQ# 10-1065
January 20, 2011
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:
Stream site Stream Impact length
S1 UT to Big Sandy Creek 60 linear feet permanent impact
20 linear feet temporary impact
Total 60 linear feet permanent impact
20 linear feet temporary impact
2. 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.homewood@ncdenr.gov.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401