20071937 Ver 1_Approval Letter_20071120

O~O~ W A 7'F9OG
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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
November 20, 2007
DWQ# 07-1937
Wilkes County
John Mathis
ASJ Mathis Farm LLC
615 Mathis Farm Road
Roaring River, NC 28669
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mathis:
You have our approval, in accordance with the attached conditions, to place permanent fill in 148 linear feet
of an unnamed tributary to Brier Creek in order to stabilize an agricultural field located along US421 in
Wilkes County, and to protect restoration efforts to take place downstream of the permanent fill; and to
conduct stream restoration and stabilization along approximately 338 feet of two unnamed tributaries to Brier
Creek where unauthorized impacts have occurred, as described in your application received by the Division of
Water Quality (DWQ) on November 15, 2007. After reviewing your application, we have determined that
this fill is covered by General Water Quality Certification Numbers 3705, which can be viewed on our web
site at http://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit
Numbers 39 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 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 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:
NonehCarolina
~atura!!y
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper

A.S.J. Mathis Farm LLC
November 20, 2007
DWQ # 07-1937
Page 2
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:
Identifier Stream Im act len th
12 inch pipe Unnamed tributary to Brier Creek 148 linear feet
Total 148 linear feet
Identifier Restoration activities Im act len th
Restoration Restoration of two unnamed tributaries to Approximately 338 linear feet
Brier Creek where unauthorized fill has
occurred
Total 338 linear feet
Identifier Restoration activities Im act len th
Sediment Removal Removal of sediment deposits from a Approximately 1000 linear feet
downstream section of the unnamed
tributary to Brier Creek offsite
Total 1000 linear feet
2. The permittee shall notify DWQ if the landowner of the property where the downstream sediment
removal is to be conducted does not agree to allow access to the stream.
3. The stream restoration must be constructed and maintained according to the approved plans in 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.
4. There shall be a protected buffer established along the stream restoration of approximately 75 to 100
feet depending on topography. The buffer shall be planted at a density sufficient to provide 320 trees
per acres at maturity.
5. Visual monitoring of the stream restoration areas and buffers shall be conducted for three years after
construction is completed. For the first year following construction, monitoring shall be conducted
quarterly and then annually for the following two years. An annual report shall be sent to the Division
of Water Quality at the address above.
6. 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.
S

A.S.J. Mathis Farm LLC
' November 20, 2007
DWQ # 07-1937
Page 3
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,
r-~/C-
~~, Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
George Smith, DWQ Winston-Salem Regional Office
Joe Mickey, Jr., River Bend Consulting, 283 Timberbrook Trail, State Road, NC 28676
DWQ Winston-Salem Regional Office 401 Files
DWQ Central Files
DWQ Wetlands/401

A.S.J. Mathis Farm LLC
November 20, 2007
DWQ # 07-1937
Page 4
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 Certi acation
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 ccation
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