20110753 Ver 1_Approval Letter_20110915

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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
September 15, 2011
DWQ# 11-0753
Ashe County
Adam Williams
Brushy Fork Environmental Consulting, Inc.
5902 Highway 421 South
Mountain City, TN 37683
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williams,
You have our approval to conduct stream stabilization and enhancement activities for the Bowlin - Peak Creek
Stabilization Project, in accordance with the attached conditions, along a total of approximately 1180 existing linear feet
of an unnamed tributary to Peak Creek located near Laurel Springs NC in Ashe County, as described in your application
received by the Division of Water Quality on August 15, 2011 and additional information submitted on September 15,
2011. After reviewing your application, we have determined that this activity is covered by General Water Quality
Certification Number 3689, which can be viewed on our web site at h!Ltp://www.ncwatgqualiiy.org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 13 or 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 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. 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:
Location Identifier Amount Approved Type of Impact
UT to Peak Creek 1180 linear feet Bank stabilization and Cross Vane/J-hook/boulder
placement in-stream structures, toe protection.
2. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org r?
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An Equal Opportunity 1 Affirmative Action Employer ?atu`Nal
Bowlin - Peak Creek Stabilization Project
DWQ# 11-0753
September 15, 2011
Page 2 of 3
This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the
placement of in-stream structure material into the stream. The Permittee shall take all reasonable measures to
construct in-stream structures while keeping heavy equipment out of the stream channel. Stream flow will be
diverted around work areas as much as practicable. All reasonable steps must be taken to limit the amount of
disturbance in the channel and to therefore reduce downstream turbidity during construction. This exemption
does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B.
4. The designer or his designee must supervise the installation of in-stream structures at all times.
5. Native vegetation shall be used throughout this project. All tree and shrub plantings within the proposed planting
buffer on both sides of the stream shall be protected from mowing or clearing.
6. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
7. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or
two bankfull events (whichever is longer), and then annually until it is determined that all structures and stream
banks are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream
banks, or vegetation may require future repairs or replacement to ensure the stability and water quality of the
stream and downstream waters.
8. 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.
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 Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964.
Sincerely,
T
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Coleen H. Sullins, Director
'Division of Water Quality
cc: George & Mildred Bowlin, 6720 Highway 88 East, Laurel Springs NC 28644
Billy & Wilma Combs, 6846 Highway 88 East, Laurel Springs NC 28644
George Sheets, PO Box 429 Sparta NC 28675
Tasha McCormick, USACE Asheville Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401