20071382 Ver 1_Approval Letter_20071022

O~ VVATF9 Michael F. Easley, Governor
oG
O~ William G. Ross Jr., Secretary
Uj ~ North Carolina Department of Environment and Natural Resources

- - - - - Coleen H. Sullins, Director
Q ~ Di~~sion of Water Quality
October 22, 2007
DWQ# 07-1382
Watauga County
Jay Adams
Eaglewood Development, Inc.
1(il Hidden Pines Lane
13ooJle, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Adams:
Eaglewood Development Inc. has our approval, in accordance with the attached conditions, to place
permanent fill in 80 linear feet of an unnamed tributary to North Fork Sawyer Creek in order to construct two
(2) driveway crossings; to place permanent fill in 0.09 acres of wetlands; and to conduct stream restoration
and enhancement along approximately 700 feet of North Fork Sawyer Creek, for the Shikina Falls and
Meadows Residential Development located on Camp Joy Road near Boone in Watauga County, as described
in your application received by the Division of Water Quality (DWQ) on August 13, 2007 and amendment
received October 2, 2007. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Numbers 3631 and 3626, which can be viewed on our web site at
http•//www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit
Numbers 29 and 27 respectively when they are 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 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 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:
No c hCarolina
~atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 77]-4630 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Eaglewood Development Inc
October 22, 2007
DWQ # 07-1382
Page 2
V
- - - l . 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, areapproved:
__
Identifier Stream Im act len th
Pipe Location 2 Unnamed intermittent tributary to North Fork
Sawyer Creek 401inear feet
Pipe Location 3 Unnamed intermittent tributary to North Fork
Sawyer Creek 40 linear feet
_ ____ Total 80 li~rear feet.

Identifier ---------
~'~'etland ---- ---------
Im act area
Impact area 1 Fill/excavation 0.05 acres
Impact area 2 Fill/excavation 0.01 acres
Impact area 3 Fill/excavation 0.03 acres
Total 0.09 acres
Identifier Restoration activities Im act len th
Restoration Relocation/fill/stabilization/enhancement to
North Fork Sawyer Creek Approximately 7001inear feet
Total 700 linear feet
2. The stream relocation and restoration must be constructed, maintained, and monitored according to the
approved plans in the application and modifications to the application. Any repairs or adjustments to the
site must be made according to the approved plans or must receive written approval from this Office to
make the repairs or adjustments.
3. There shall be a minimum 50 foot protected buffer along the stream restoration. This buffer shall be
incorporated into the conservation easement or restrictive covenant.
4. Natural streambed material shall be harvested and relocated to appropriate locations within the restored
channels to the maximum extent practical.
5. Monitoring of the stream mitigation and enhancement site shall be in accordance with the Stream
Mitigation Guidelines document. The stream relocation shall be monitored in accordance with Level I
monitoring and the stream enhancement section shall be monitored in accordance with Level II
monitoring criteria as outlined in this document.
6. Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.

Eaglewood Development Inc
October 22, 2007
DWQ # 07-1382
Page 3
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Z_ Placement of culverts .and other. structures in .waters,.. streams, and .wetlands must. be placed. below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Pipes on steep slopes should be placed at grade with appropriate
outlet protection to prevent stream scour. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
8. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
9. Erosion and sediment control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of erosion and sediment 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
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
10. No waste, spoils, 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.
11. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions
including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are

Eaglewood Development Inc
October 22, 2007
DWQ # 07-1382
Page 4
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'required. A copy of this permit and monitoring report forms -may- be found at
http:f/h2o.enr.state.nc.us/su/Forms Documents htm.
12. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the sirean~hed or banks upsh~ealn or dov~nstrea~n of illy cr:~~ss~l~g.
13. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
14. 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 NCDWQ at the address
listed on the form.
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,
Coleen H. Sullins, Director
~ Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
John Vilas, ENV-ECS, Inc, 643 Greenway Rd, Suite K-3, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

. Eaglewood Development Inc
October 22, 2007
DWQ # 07-1382
Page 5
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
iJpon completion of all work approved. within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is rewired to retut7~ this certificate to the 401/Wetlands Unit, North Carolina
Division of Vdatcr Quality, 1 X21 Mail Service (enter, Raleibh, NC;, 2769)-l 621. This form ruay be returned to I1WQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates fron~, all of
these.
~~licant's Certi ication
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:
dent's Cert~cation
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 Certi acation
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