HomeMy WebLinkAbout20070534 Ver 1_Approval Letter_20070416Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2007
DWQ# 07-0534
Wilkes County
Mr. Kenneth D. Noland
Town of Wilkesboro
P. O. Box 1056
Wilkesboro, NC, 28697
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Noland:
The Town of Wilkesboro has our approval to conduct stream restoration, enhancement, and stabilization
activities, in accordance with the attached conditions, along a total of 3000 linear feet of Cub Creek located
immediately northeast of North Bridge Street in Wilkesboro, Wilkes County, as described in your application
received by the Division of Water Quality on March 26, 2007. After reviewing your application, we have
determined that this activity is covered by General Water Quality Certification Number 3626, which can be
viewed on our web site at http://www.ncwaterqualit ~~org/wetlands.html. This Certification allows you to use
Nationwide Permit Number 27 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 permit expires
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 maybe 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 fills for this
project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, 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:
Amount A roved Plan Location or Reference
Streams 30001inear feet Cub Creek immediately northeast of North Bridge Street in
Wilkesboro, Wilkes County.
Nose Carolina
J1~atura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/www.ncwaterouality.orq
Customer Service Number: 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Mr. Kenneth D. Noland
Page 2, DWQ# 07-0534
April 16, 2007
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date of
project completion or, if applicable, within six months of the date of project release by the Division of
Land Resources.
4. To the extent practicable, structures and devices that provide energy dissipation and sheet flow shall be
utilized for all point-source discharges of stormwater into the riparian zones adjacent to the stream
channel. Where site conditions allow, any existing culverts which discharge stormwater directly into the
stream channel shall be repositioned up gradient from the channel to allow for discharge into the riparian
zone.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
6. 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 NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs showing the restored stream reach.
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.
Mr. Kenneth D. Noland
Page 3, DWQ# 07-0534
April 16, 2007
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 telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
~*,~'~_'
Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Mr. Derek Goddard, Blue Ridge Environmental Consultants, Inc., 162 Helen Court, Boone, NC 28607