20030599 Ver 1_Approval Letter_20060815

F WAIF
\O~~ 9QG Michael F. Easley, Governor
~ y William G. Ross Jr., Secretary
r' North Carolina Department of Environment and Natural Resources
~i
~ `~ Alan W. Klimek, P.E. Director
Division of Water Quality
August 15, 2006
Ashe County
DWQ Project No. 03-0599
Bowlin Stream Mitigation Site (associated with TIP #R-0529)
APPROVAL of 401 Water Quality Certification
Mr. Joe 1Vlickey, ~r.
NCWRC Watershed Enhancement Coordinator
1721 Mail Service Center
Raleigh, NC 27699-1721
Dear Mr. Mickey:
You have our approval, in accordance with the attached conditions perform the Bowlin Stream Mitigation Site
work in Ashe County as described in your original application dated May 5, 2003 and originally permitted by
the Division of Water Quality on May 29, 2003. This project meets the definition of Enhancement Level 1 in
the U.S. Army Corps of Engineers' stream mitigation guidance.
After reviewing your application, we have decided that this activity is covered by General Water Quality
Certification No. 3495, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 27. In
addition, you should acquire any other federal, state or local permits before you proceed with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 federal permit.
This approval is valid solely for the purpose and design described in your application. Should your project
change, you must notify the Division of Water Quality (Division) and submit a new application. If the property
is sold, the new owner must be given a copy of this approval letter and certifications, and is thereby responsible
for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one
acre, or if total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must
adhere to the conditions listed in the attached certification and any additional conditions listed below.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project. In addition, "as-built" drawings shall be sent
to the Division upon project completion.
Nose Carolina
~tura!!r~
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Internet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

1VIr. Joe Mickey
August 15, 2006
DWQ# 03-0599
Page 2
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 at 336-771-4964 or at [e-mail].
Sincerely,
~-o-~
f Alan W. Klimek, P.E.
.,--
Attachment
cc: John Thomas, USAGE Raleigh Field Office
DWQ Wetlands/401 Transportation Unit
DWQ Winston Salem Regional Office
DWQ Central Files

Mr. Joe Mickey
August 15, 2006
DWQ# 03-0599
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
maybe 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
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:
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
I, , 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

WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General 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 Regulations in 15A NCAC 2H .0500 and 15A NCAC 26 .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and- not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
~Netland~nd riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ will be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval

WQC #3495
Stream stabilization is defined as the in-place stabilization of an eroding stream
bank using measures that consist primarily of "hard" engineering, such as but not
limited to concrete lining, rip rap or other rock, and gabions. The use of "hard"
engineering will not be considered as stream restoration or enhancement;
6. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 26.0200. Activities listed as "exempt"
from these rules do not need to apply for written concurrence under this
Certification. New development activities located in the protected 50-foot wide
riparian areas (whetherjurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices;
7. In order for the above conditions to be valid, any plans not requiring written
concurrence to use this Certification must be built according to the plans provided to
the Division of Water Quality. If written concurrence is required, then the project
must be built and maintained according to the plans approved by the written
concurrence and Certification from the Division of Water Quality;
8. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Erosion and Sediment
Control Planning and Design Manual" or "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed, installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified trout
waters);
9. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project;
10. Any rip-rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures. If rip-rap is to be installed within the streambed, the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality. However rock vanes, wing deflectors, and similar
structures for grade control and bank protection are acceptable;
11. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
12. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impactor Record of Decision is issued by the State
Clearinghouse;

WQC #3495
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3495