20071124 Ver 1_Approval Letter_20070723

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
July 23, 2007
DWQ# 07-1124
Ashe County
Mr. & Mrs. Robert L. Wall
523 River Sound
West Jefferson, NC, 28694
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Ms. Wall:
You have our approval to conduct stream stabilization and enhancement activities, in accordance with the
attached conditions, along 340 linear feet of the South Fork of the New River located at 523 River Sound in
the Heritage Estates subdivision near West Jefferson in Ashe County, as described in your application
received by the Division of Water Quality on June 25, 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 http://www.ncwaterquality.org. This Certification allows you to use Nationwide
Permit Number 13 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:
Amount A roved Plan Location or Reference
Streams 3401inear feet The South Fork of the New River at 523 River Sound in the
Heritage Estates subdivision near West Jefferson in Ashe County
as shown on the topographic map submitted with the Pre-
Construction Notification

Nose hCarolina
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North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet httpalwww.ncwaterpualitV.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. & Mrs. Robert L. Wall
Page 2, DWQ# 07-1124
July 23, 2007
2. 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 WS-IV waters and High Quality Waters (HQW) as described in 15A NCAC
02B .0216, Fresh Surface Water Quality Standards For Class WS-IV Waters and in 15A NCAC 02B
.02 24, High Quality Waters. 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.
3. 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 that the
Division of Land Resources has released the project, if applicable, or otherwise when the project is
completed.
4. 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.
5. 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 all stabilized and enhanced stream reaches.
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,
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oleen H. Sullins, Director
N. C. Division of Water Quality

Mr. & Mrs. Robert L. Wall
Page 3, DWQ# 07-1124
July 23, 2007
AWK/cdl
Attachments
cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Ms. Lynn Caldwell, National Committee for the New River, P. O. Box 1480, West Jefferson, NC
28694