19970506 Ver 1_Approval Letter_19980302

State of North Carolina
Department of Environment
and Natural Resources
Division of.Water Quality
AECEMb MAR 1 9 1998
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Yadkin Soil and Water Conservation District
PO Box 8
Yadkinville, NC 27055
Dear Sirs:
Re: Certification. Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Water Supply and Flood Control Reservoir (Structure No. 5)
WQC Project #970506 M'° ".%97{x}289'
Wit.,..
Yadkin County
Attached hereto is a copy of Certification No -3149 issued to Yadkin Soil and Water
Conservation dated March 2, 1998. This certification replaces the one issued on June 22,
1997.
If we can be of further assistance, do not hesitate to contact us.
Attachments
970506.wgc
P t ly
on 'Ho Jr. JP.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
L. Harry Dail; Engineering Services, PA
Bart Njoku -obi; NC Attorney - General's Office
Benjamin Harding; Town of Yadkinville
James Graham; Yadkin Soil and Water Conservation District
1*2
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # [phone]
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92 -500 and 95 -217 of the United States and subject to the North
Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500
to Yadkin Soil and Water Conservation District resulting in 12.7 acres of wetland and 0.5
acres of stream impact in Yadkin County pursuant to a revised application filed on the 5'
day of June 1997 to construct a water supply and flood control reservoir on South Deep
Creek near SR 1314.
The application provides adequate assurance that the discharge of fill material into
the waters of South Deep Creek in conjunction with the proposed development will not
result in a violation of applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if
conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed below. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non - discharge and Water
Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in the DEHNR Regional or
Central Offices) shall- be utilized to prevent exceedances -of the approp' Hate turbidity
water quality standard (50 NTUs in all fresh water streams and rivers not designated
as trout waters; 25 NTUs in all Iakes and reservoirs, and all saltwater classes; and 10
NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;

4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done in accordance with the Corps of
Engineers requirements at least as those described in the June 5, 1997 Public
Notice (16.8 acres of restoration). DWQ shall be copied on a detailed mitigation
and monitoring plan as well as the approved ratio, location, size and method of
mitigation (restoration, enhancement, creation, and preservation) within 30 days
after the permit is issued and annual reports for the entire length of the
monitoring period. The draft mitigation plan shall be sent to DWQ within one
month of issuance of the 404 Permit.
6. A minimum release of 4.0 cfs shall be provided from the dam.
Violations of any cond_tion herein set forth shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is. unacceptable to you have the right, to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of Administrative Hearings,
P.O. Box 27447, Raleigh, N.C. 27611 -7447. If modifications are made to an original
Certification, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Certification. Unless such
demands are made, this Certification shall be final and binding.
WQC # 3149
This the 2nd day of March 1998
DIVISION OF WATER QUALITY