20110405 Ver 1_Approval Letter_20110518

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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. Clement Riddle
C1earWater Environmental Consultants Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Riddle:
May 18, 2011
DWQ# 11-0405
Watauga County
You have our approval, in accordance with the attached conditions, to place temporary fill and otherwise impact 0.301
acres of open waters in order to conduct pond maintenance and dock construction, for the Brinker Pond located in
Banner Elk, NC in Watauga County, as described in your application received by the Division on April 28, 2011 and
additional information received May 18, 2011. After reviewing your application, we have determined that these
impacts are covered by General Water Quality Certification Numbers 3687, 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 3 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
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
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Brinker Pond Maintenance
DWQ# 11-0405
May 18, 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:
O en Water Impacts
Identifier Type of Impact Impact area
01 Dredging 0.30 acres temporary impact
02 Dock Piers 0.001 acres permanent impact
03 Temporary road fill 0.16 acres temporary fill
Total 0.30 acres temporary impact
0.161 acres permanent impact
2. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-
site sedimentation during construction.
3. An NCWRC stocking permit is necessary for pond restocking. As of July 1, 2005, anyone interested in stocking
inland fishing waters with fish, mollusks or crustaceans must obtain a stocking permit issued by the NC Wildlife
Resources Commission pursuant to 15A NCAC 10C .0209. The purpose of this new regulation is to protect
native or legally established aquatic species from the potentially damaging effects of unauthorized stockings
(Appendix 2. -15A NCAC 1OC .0209 Transportation of Live Fish as amended effective June 1, 2005).
4. Draining of the pond should occur in a manner that does not violate water quality stream standards or release non-
native aquatic species into jurisdictional waters.
5. 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,
?y Coleen H. Sullins, Director
Division of Water Quality
cc: Tasha McCormick, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
Mary Patterson Brinker, 1919 Boone Trail Rd, Sanford, NC 27330
DWQ Winston-Salem Regional Office
DWQ Wetlands/401