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HomeMy WebLinkAbout20070818 Ver 1_Approval Letter_20070626Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality June 26, 2007 DWQ# 07-0818 Wilkes County Mr. Richard R. Wojcik USP Blue Ridge, LLC 7777 Leesburg Pike, Suite 402N Falls Church, VA, 22043-2403 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Wojcik: USP Blue Ridge, LLC has our approval to conduct stream enhancement, and stabilization activities through the construction of nine (9) small off-channel wetlands and the installation of large woody debris (LWD) instream habitats, in accordance with the attached conditions, along a total of 360 linear feet of an unnamed tributary to the North Prong of Lewis Fork Creek and 80 linear feet of the North Prong of Lewis Fork Creek. These stream reaches are within the Cielo Falls residential development located off of Summit Road in Wilkes County, as described in your application received by the Division of Water Quality on May 11, 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 h~://www.ncwaterqualit~ora/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. If total wetland fills for this project (now or in the future) exceed one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation maybe 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: Nose Carolina ~tura!!t~ North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http:l/wuvw.ncwaterguality.orp Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Richard R. Wojcik Page 2, DWQ# 07-0818 June 26, 2007 Amount A roved Plan Location or Reference Streams 4401inear feet The North Prong of Lewis Fork Creek and an unnamed tributary located within the Cielo Falls residential development off of Summit Road in Wilkes County. 2. Instream work and land disturbance within the twenty-five (25) foot wide trout buffer are prohibited during the Brown and Brook trout spawning season of October 15th through April 15th in order to protect the egg and fry stages of trout from sedimentation due to construction. 3. 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 C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality Standards For Class C 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 this project. 4. 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 of .project completion or, if applicable, within six months of the date of project release by the Division of Land Resources. 5. To the extent practicable, structures and devices that provide energy dissipation and sheet flow shall be utilized for all point-source discharges of stormwater into the riparian zones adjacent to the stream channel. Where site conditions allow, any existing culverts which discharge stormwater directly into the stream channel shall be repositioned up gradient from the channel to allow for discharge into the riparian zone. 6. 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. 7. 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 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. Mr. Richard R. Wojcik Page 3, DWQ# 07-0818 June 26, 2007 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 telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, .~~~-- Coleen H. Sullins CHS/cdl Attachments cc: Monte Mathews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office Winston-Salem DWQ Regional Office Central Files Wetlands/401 File Copy Mr. Mike Sprague, Trout Headwaters, Inc., P. O. Box 222, Livingston, MT 59047