20060387 Ver 2_Approval Letter_20070515

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Michael 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
May 15, 2007
DWQ# 06-0387, Version 2
Wilkes County
Mr. William A. Swartley
North Carolina Division of Forest Resources
Forestry NPS Unit
1616 Mail Service Center
Raleigh, NC 27699-1616
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swartley:
The North Carolina Division of Forest Resources has our approval, in accordance with the attached
conditions, to conduct stream restoration, enhancement, and preservation activities along a total of 1,825
linear feet of Purlear Creek and to fill drainage ditches and remove fill material on 0.1 acre of herbaceous
wetlands, all located within the Rendezvous Mountain Educational State Forest in Wilkes County as described
in your application received by the Division of Water Quality on March 30, 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.ncwaterquality.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. 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 1,825 linear feet Purlear Creek located within the Rendezvous Mountain
Educational State Forest in Wilkes County

N~°e Carolina
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North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:/Iwww.ncwaterguality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. William A. Swartley
Page 2, DWQ# 06-0387, Version 2
May 15, 2007
Amount A roved Plan Location or Reference
Wetlands 0.1 acre Herbaceous wetlands located within the Rendezvous
Mountain Educational State Forest in Wilkes County

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 WS-IV waters as described in ISA NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV 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 the 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 that the
Division of Land Resources has released the project..
4. 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.
5. If riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The design grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the streambed must be inserted into the bed matrix to a depth sufficient to
provide the thickness of riprap required for scour protection. The elevation of the streambed must not be
increased by the placement of riprap. Placement of riprap must not result in destabilization of the
streambed or banks upstream or downstream of any crossing.
6. Upon completion of the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
finished. 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 and wetland area.
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

Mr. William A. Swartley
Page 3, DWQ# 06-0387, Version 2
May 15, 2007
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 Daryl Lamb in the DWQ Winston-Salem Regional Office at (336)
771-4959 or Ian McMillan in the Central Office in Raleigh at [phone].
Sincerely,
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G ' Alan W. Klimek, P.E.
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AWK/cdl
Attachments
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Dr. Greg Jennings, Ph.D., P.E., Biological and Agricultural Engineering Department, Campus Box
7625, N. C. State University, Raleigh, NC 27695-7625