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HomeMy WebLinkAbout20120561 Ver 2_Approval Letter_20120720rJIL MODE K North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary July 20 2012 DWQ# 12 0561 Watauga County Amanda Wallis Capstone Collegiate Communities 431 Office Park Dr Birmingham AL 35223 APPROVAL, of 401 Water Quality Certification with Additional Conditions Dear Ms Wallis You have our approval in accordance with the attached conditions to impact 64 linear feet of streams in order to mstall utilities and associated utility access for the Cottages of Boone in Boone NC as described in an application received by the Division of Water Quality (Division) on June 6 2012 and additional information received July 12 2012 After reviewing your application we have determined that this fill is covered by General Water Quality Certification Number and 3890 which can be viewed on our web site at http / /www ncwaterquality org/wetlands html This Certification allows you to use Nationwide Permit Number 12 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 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 protect 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 tins 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 Stream Impacts Identifier __Type of impact Impact Site 1 Culvert crossing 30 linear feet permanent impact 10 linear feet temporary impact Site 2 Culvert crossing 9 linear feet permanent impact 15 linear feet temporary impact Total 39 linear feet permanent impact 25 linear feet temporary impact North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 7715000 1 FAX 336 771 -46301 Customer Service 1- 877 - 623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna NaAfrally I 85 /US Hwy 64 Area Sewer Improvement DWQ# 12 0376 June 6 2012 Page 2 of 3 2 All temporary impacted areas will be restored to pre construction natural conditions upon completion of the project Native vegetation shall be used for wetland and stream bank stabilization 3 Since two culverts will be installed at each stream crossing the stream should only flow through one culvert during normal flow conditions and through the other culvert above bankf ill conditions The proposed low flow weir should be installed to restore natural channel dimensions upon completion of the project 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 sue homewood@ncdenr gov Sincerely Charles Wakild P E Director 4 % Division of Water Quality cc Tasha McCormick, U S Army Corps of Engineers Asheville Regulatory Field Office (via email) John Vilas ENV Inc (via email) DWQ Winston Salem Regional Office DWQ Wetlands /401 I 85 /US Hwy 64 Area Sewer Improvement DWQ# 12 0376 June 6 2012 Page 3 of 3 DWQ Project No County Applicant Project Name Date of Issuance of 401 Water Quality Certification Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return this certificate to the 401/Wetlands Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to DWQ by the applicant the applicant s authorized agent or the project engineer It is not necessary to send certificates from all of these Applicant s Certification I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Agent s Certification I hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Engineer s Certification Partial Final Date 1 as a duly registered Professional Engineer in the State of North Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the Permittee hereby state that to the best of my abilities due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules the approved plans and specifications and other supporting materials Signature Date Registration No