20130022 Ver 1_Approval Letter_20130115

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AJ
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 15, 2013
DWQ# 13 -0022
NOV- 2012 -OP -0018
Wilkes County
Mr. James Stuart & Mrs. Bonnie H. Mangum
190 Casper Hawkins Rd
Ferguson, North Carolina 28624
a
APPROVAL of 401 Water Quality Certification with Additional Conditions
:
Dear Mr. & Mrs. Mangum:
You have our approval, in accordance with the attached conditions; to impact 149 feet of stream and to restore an
additional approximately 100 linear feet of stream at your property at Parcel Number 2897 -34 -5894 on Mt. Zion Rd
in Ferguson, NC in Wilkes County, as described in your application and NOV restoration plan received by the Division
of Water Quality (Division) on January 8, 2013. 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. newateEqualiiy .org /wetlands.html. This Certification allows you to use Nationwide. Permit Number 29
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
project, you must notify us in writing; and you may be required to send us anew 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 Impacts
Identifier Waterbod Impact
Site 1 Unnamed tributary to Stony Fork Creek 149 linear feet permanent impact
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: [phone] FAX: 336 - 771-46301 Customer Service: 1- 877 -623 -6748 NorthCarolina
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer ! "
Total
149 linear feet permanent impact
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone: [phone] FAX: 336 - 771-46301 Customer Service: 1- 877 -623 -6748 NorthCarolina
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer ! "

Stuart Mangum
DWQ# 13 -0022
January 15, 2012
Page 2 of 3
2. Restoration of approximately 100 linear feet of unnamed tributary above the approved pond, in response to
violations at the site is hereby approved by this certification. Restoration shall consist of re- establishing the
natural channel width and depth above the pond with vegetated stable stream banks. Restoration shall be
completed within 60 days of issuance of this authorization.
3. The Division shall be notified of completion of the restoration work.
4. All channel reconstructions and repairs will be constructed in a manner to protect downstream waters from
sediment and turbidity. Vegetation used for bank stabilization shall be limited to native riparian seed mix on
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both sides of the re- established channel.
5. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
j 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.
Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water
Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H.0500. Title
15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of
' Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation.
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
[e-mail].
Sincerely,
0
Charles Wakild, P.E., Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
DWQ Wbscape Unit
DWQ Winston -Salem Regional Office
DWQ Wetlands /401

Stuart Mangum
DWQ# 13 -0022
January 15; 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.
Alicant's Certification
hereby state that, to the best of my abilities, due care and diligence was
j 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: Date:
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 Registration No.
Date