20110281 Ver 1_Approval Letter_20110816

KM
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. Sterling Carroll
Carroll Companies Inc.
PO Box 1549
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Carroll:
August 16, 2011
DWQ# 11-0281
Watauga County
You have our approval, in accordance with the attached conditions, to place fill and impact 0.06 acres of wetlands and
96 linear feet of jurisdictional streams to install fill for the Carroll Nursery project located in Boone, NC in Watauga
County, as described in your application received by the Division on March 28, 2011 and additional information
received April 19, 2011, June 28, 2011 and July 29, 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 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 (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:
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 sites Type of Impact Amount Approved
W1 Permanent Fill 0.046 acres impact
W2 Temporary Fill 0.014 acres impact
Total 0.046 acres permanent impact
0.014 acres temporary 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
NorthCarohna
Naturally
Carroll Companies Inc.
DWQ# 11-0281
August 16, 2011
Page 2
Stream sites Stream Impact length
S1 Unnamed tributary to Brown Branch 96 linear feet permanent impact
Total 96 linear feet permanent impact
2. To protect wild trout downstream in the river, in stream work and land disturbance within the 25-foot wide buffer
zone is prohibited during the trout spawning season of October 15 throught April 15 to prtect the egg and fry
states of trout from off-site sedimentation during construction.
3. The final, written stormwater management plans as approved (including a signed and notarized Operation and
Maintenance Agreement) must be implemented, and the stormwater management facilities shall be constructed
and operational before any permanent building is occupied at the subject site. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the Division of Water Quality.
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,
Coleen H. Sullins, Director
41)'1" 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