20100699 Ver 1_Approval Letter_20110124

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Pastor Mark Miles
Truth Temple
PO Box 8186
Kannapolis, NC 28082
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Pastor Miles:
January 24, 2011
DWQ# 10-0699
Ashe County
You have our approval, in accordance with the attached conditions, to impact 0.014 acres of wetlands and 45 linear feet
of stream in order to install a road for The Haven Subdivision located off of Denny Rd near Pond Mountain, NC in
Ashe County, as described in your application received by the Division on August 26, 2010 and additional information
received January 12, 2011. 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:
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
W6 Fill 0.004 acres
W5 Fill 0.01 acres
Total 0.014 acres permanent impact
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
AaAmallry
Pastor Mark Miles
DWQ# 10-0699
January 24, 2011
Page 2
Stream site Stream Name Impact length
S1 UT to Big Laurel Creek 20 linear feet permanent impact
S2 UT to Big Laurel Creek 25 linear feet temporary impact
Total 20 linear feet permanent impact
25 linear feet temporary impact
2. Prior to road construction (including clearing and grubbing) the 30 foot stream setback must be accurately flagged
and/or staked to ensure compliance with the design plans submitted with this permit application.
3. You are reminded that if at any time in the future you modify the subdivision design or further develop the project
beyond what was shown in the PCN Application and supporting documentation, you will be required to comply
with Condition No. 12 in GC No. 3821.
4. 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,
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'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