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Home My WebLink About20121081 Ver 1_Approval Letter_20121221J A �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary December 21, 2012 DWQ# 12 -1081 Watauga County Mr. William H. Hall Middle Fork LLC 815 West King St Boone, NC 28607 APPROVAL of 401 Water Quality Certification with Additional Conditions, - Dear Mr. Hall: You have our approval, in accordance with the attached conditions, to place fill and impact 140 linear feet of stream to install the Middle Fork Greenway: Section 1, Phase 2 in Boone, NC in Watauga County, as described in your application received by the Division on November 29, 2012. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3890, 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 42 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 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: 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: Stream sites Stream Impact length S 1 Middle Fork Creek 60 linear feet tem ora im act S2 Middle Fork Creek 80 linear feet temporary impact Total 140 linear feet temporary impact. 2. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to 3 notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be 3 returned to the Winston -Salem Regional Office of the NCDWQ at the address listed on the form. i If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You North Carolina Division of Water Quality Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One Phone: 336 - 771 -50001 FAX: 336- 771-46301 Customer Service: 1-877-623-6748 NofthCa1'01111a: Internet: www.ncwaterquality.org i� ijr,F�yra//y An Equal Opportunity 1 Affirmative Action Employer Middle Fork Greenway DWQ# 12 -.1081 December 21, 2012 Page 2 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. 3 Sincerely; Charles Wakild, Director ,v 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 Middle Fork Greenway DWQ# 12 -1081 December 21, 2012 Page 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, 1621 Mail Service Center, Raleigh, NC, 27699 -1621. 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 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 Certi ication 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: Dater Engineer's Certification Partial Final 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.