20071310 Ver 1_Approval Letter_20071120

Michael F. Easley, ~7ovem.~r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen hI. Sullins, Director
Division of Water Quality
November 20, 2007
DWQ# 07-1741
Ashe County
Ms. Lynn Caldwell
National Committee for the New River
PO Box 1480
West Jefferson, NC 28694
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms Caldwell:
The National Committee for the New River has our approval to conduct stream enhancement and stabilization
activities, in accordance with the attached conditions, along a total of 380 existing linear feet of Big Horse
Creek located approximately on property known as Lansing Park and owned by the Town of Lansing, Mr.
James Powers, Mr. Jeffrey Thompson, and Mr. Jim Francis in Lansing, NC in Ashe County, as described in
your application received by the Division of Water Quality on October 29, 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 ncwaterguality.or wetlands.html. This
Certification allows you to use Nationwide Permit Number 27 when it is issued by the U.S. Army Corps of
Engineers. In addition, you should secure any other applicable federal, state or local perlnits 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. For this approval to be valid,
you must follow the conditions listed in the attached certification, as well as the additional conditions
listed below:
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NorthCarolina
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North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston-Sa]em Regional Office Winston-Salem, NC 27107 Pax [phone] 1-877-623-6748
Internet: www.ncwaterquality orQ
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper

Lynn Caldwell
Lansing Park
November 20, 2007
Page 2
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certif cation are met. No other impacts, including incidental impacts, are approved:
Stream Impacts
Location Identifier Amount Approved
(linear feet) Type of Impact
Site 1 60 Reshape stream bank and construct in-stream
structure
Site 2 100 Reshape stream bank and construct in-stream
structure
Site 3 100 Reshape stream bank and construct in-stream
structure
Site 4 50 Reshape stream bank
Site 5 30 Construct in-stream structure
Site 6 40 Reshape stream bank and construct in-stream
structure
Total 380
2. Natural streambed material shall be harvested and replaced to appropriate locations within the disturbed
areas to the maximum extent practical.
3. Native vegetation shall be used for all stream bank stabilization activities
4. 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 C waters as described in 1 SA NCAC 02B .0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. 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.
5. 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 of
project completion or, if applicable, within six months of the date of project release by the Division of
Land Resources.
6. 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 constriction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall he performed so that no violations of state water quality standards,
statutes, or rules occur.

Lynn Caldwell
Lansing Park
November 20, 2007
Page 3
7. 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 the restored stream reach.
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 Sue Homewood in the DWQ Winston-Salem Regional Office at
336-771-4964 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
~Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Lynn Caldwell
Lansing Park
November 20, 2007
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 may be 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 consh~ction 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 specif`ieations, and
other supporting materials.
Signature:
Datc:
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