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Home My WebLink About20081573 Ver 1_Approval Letter_20111123 I ��O m�� NCDENR North Carolina Department of Environment and Natural Resources Diwsion of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary November 23 2011 DWQ#08 1573 v2 Ashe County Mr Chris Barr Riverview Investment Group LLC 362 Ridge Dr West Jefferson NC 28694 APPROVAL of 401 Water QuaLty Certificahon with Addrtional Conditions Dear Mr Barr Riverview Investment Group LLC has our approval m accordance w�th the attached conditions to modify your previous permit and place addrtional fill m 35 lmear feet of an unnamed tnbutary to the North Fork New River to construct a new road crossmg for the Waters Edge on the New Subdivision (previously North Fork Estates) located on Ed Little Road near Creston m Ashe County as descnbed m your application received by the Division on August 8 2011 and additional mformation received on October 13 2011 November 3 2411 and November 22 2011 This approval is a modification to an approval issued by the Division on January 12, 2009 After reviewmg your modification application we have determined that this fill is covered by General Water Quahty Certification Numbers 3821 which can be viewed on our web site at http //www ncwaterquality or�/wetlands html This Certification allows you to use Nationwide Permit Number 29 when it is issued by the U S A.rmy Corps of Engineers In addition you should secure any other applicable federal state or local permrts before you proceed with your pro�ect mcludmg (but not limited to) those required by Sediment and Erosion Control (mcludmg trout buffer warvers as necessary), Non Discharge, and Water Supply Watershed regulations Also this approval will expire when the accompanying 404 permrts expire unless otherwise specified m the General Certification This approval is valid only for the purpose and design that you have descnbed m your applicahon If you change your pro�ect you must notify us in wntmg 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 Certificahon and approval letter and is thereby responsible for complymg with all condihons If total wetland fill for this pro�ect (now or in the future) exceeds one acre or total fill to perennial streams equals or exceeds 150 lmear feet addrtional compensatory mitigation may be required as descnbed m 15A NCAC 2H 0506 (h) For this approval to be valid, you must follow the conditions listed m the attached certification, as well as the additional conditions listed below North Carolina Division of Water Quality Winston Salem Regional Office Loca6on 585 Waughtown St Winston Salem NoRh Carolina 27107 One Phone 336 771 50001 FAX 336 771-46301 Customer Service 1877-623 6748 NorthCarolina Intemet www ncwaterqua6ty org ��urn,//� K�� An Equal Opportumty 1 AffirmaUve Action Employer Chris Barr � DWQ#08 1573 v2 November 23 2011 Page 2 of 4 1 The followmg impacts are hereby approved as long as all other specific and general condrtions of this Certification are met No other impacts, mcludmg mc►dental impacts, are approved Identifier Stream Impact length Impact area 1 — UT to North Fork New River — 401mear feet Approved permanent culvert fill Janua 12,2009 Impact area 2 UT to North Fork New River ZS lmear feet permanent till lO lmear feet tem orar ftll Total 651mear feet permanent fill lO lmear feet tem orar �11 2 The permittee shall remam responsible for contmued momtonng and maintenance of the restoration of approximately 0 42 acres of isolated wetland m response to previous violations at the site as required m the January 12 2009 approval 3 The permittee shall visually momtor the wetland restoration site and vegetative plantings to assess and ensure complete restoration to appropnate wetland conditions zncludmg appropnate vegetation growth and hydnc soils development The momtonng shall be conducted quarterly for a rrummum of 1 year after final planring and annually after that for a mirumum of three years The permittee may be required to conduct additional restoration activities if the proposed restoration plan is considered unsuccessful An annual momtonng report shall be submitted to the Division of Water Quality Wmston Salem Regional Office at the address noted on this letterhead The first report is due witlun one year of completion of the final plantmg 4 Modified and/or addrtional deed notifications or similar mechamsms shall be placed on all retained �unsdictional wetlands waters and protective buffers wrthm the newly platted subdivision in order to assure compliance for future wetland water and buffer impact These mechamsms shall be put m place at the time of recordmg of the property or of individual lots whichever is appropnate A sample deed nohfication can be downloaded from the 401/Wetlands Umt web site at http //h2o enr state nc us/ncwetlands The text of the sample deed notification may be modified as appropnate to surt to tlus pro�ect 5 Upon fimshmg the pro�ect 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 Wmston 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 ad�udicatory heanng You must act wrthm 60 days of the date that you receive this letter To ask for a hearing, send a wntten petition wluch conforms to Chapter 150B of the North Carolma General Statutes to the Office of Admmistrative Heanngs 6714 Mail Service Center Raleigh N C 27699 6714 This certification and its conditions are final and bindmg unless you ask for a heanng 1 Chns Barr DWQ#08 1573 v2 November 23 2011 Page 3 of 4 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 Wmston Salem Regional Office at 336 771 4964 or at sue homewood@ncmail net Smcerely , �� Coleen H Sulhns Director Division of Water Qualrty cc Tasha McCormick U S Army Corps of Engineers,Asheville Regulatory Field Office(via ematl) Derek Goddard BREC (via email) DWQ Wmston Salem Regional Office cD_WQ WetlandsL40� Chris Barr DWQ#08 1573 v2 � November 23 2011 Page 4 of 4 DWQ Pro�ect No County Applicant Pro�ect Name Date of Issuance of 401 Water Quality Certificahon Certificate of Completion Upon complehon of all work approved withm the 401 Water Quality Cerhfication or applicable Buffer Rules and any subsequent modifications the applicant is required to return this certificate to the 401/Wetlands Untt North Carolma Diviston of Water Quality 1621 Mail Service Center Raleigh NC 27699 1621 This form may be returned to DWQ by the applicant the applicant s authonzed agent or the pro�ect engmeer It is not necessary to send cerhficates from all of these �placant s Cert f cataon I hereby state that to the best of my abilrties due care and diligence was used m the observation of the construchon such that the construction was observed to be built withm substanhal compliance and intent of the 401 Water Quality Certificanon and Buffer Rules the approved plans and specifications and other supportmg materials Signature Date �ent s Cert f catton I hereby state that to the best of my abilities due care and diligence was used m the observation of the construction such that the construction was observed to be built withm substantial compliance and mtent of the 401 Water Quality Certification and Buffer Rules the approved plans and spectf cahons and other supporting matenals Signature Date Enganeer s Certa�catzon Partial Final I as a duly registered Professional Engineer in the State of North Carolma having been authonzed to observe(penodically weekly full hme)the construction of the pro�ect for the Permittee hereby state that to the best of my abilities due care and diligence was used in the observahon of the construction such that the construction was observed to be built withm substannal compliance and mtent of the 401 Water Quality Cerhfication and Buffer Rules the approved plans and specifications and other supportmg matenals Signature Registration No Date