20110238 Ver 1_Approval Letter_20110406

AG LT
I;A'
NCDE
NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Kevin and Randy Miller
3001 Miller Rd
Yadkinville, NC 27055
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Miller:
April 6, 2011
DWQ# 11-0238
Yadkin County
You have our approval, in accordance with the attached conditions; to permanently impact 300 feet of stream
in order construct poultry houses near Yadkinville, NC in Yadkin County, as described in your application
received by the Division of Water Quality (Division) on March 11, 2011. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number and 3821, which
can be viewed on our web site at http://www.ncwateiquality.org/wetlands.html. This Certification allows you
to use Nationwide Permit Number 39 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:
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:
2. Stream Impacts
Identifier Waterbody Impact
Site 1 Unnamed tributary to the Chinquapin creek 300 linear feet
Total 300 linear feet 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
NorthCarolina
;Vaturall'y
Kevin Miller
DWQ# 11-0238
April 6, 2011
Page 2 of 4
3. Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you intend to purchase credits from the American Wetlands Mitigation Bank in Yadkin County as
described in your application to meet this mitigation requirement for 214 stream credits and the balance
of 76 stream credits to be purchased from the Ecosystem Enhancement Program. This contribution has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. You have 60
days from the date of this approval to make these payments. For accounting purposes, this
Authorization Certificate authorizes payment into the American Wetlands Mitigation Bank and the
Ecosystem Enhancement Program to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
Stream 300 (feet) Yadkin 03040101
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North. Carolina Administrative Code (NCAC)
2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation.
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,
Coleen H. Sullins, Director
l Division of Water Quality
cc: Steve Kichefski, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Lee Knight Caffery, Strauch Fitzgerald & Green, P.C.(via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401