20072023 Ver 1_Approval Letter_20080114

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
January 14, 2008
DWQ# 07-2023
Watauga County
Mr. Phil Templeton
Templeton Properties, LP
149 Meadowview Dr
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Templeton:
You have our approval, in accordance with the attached conditions, to place permanent fill in 280 linear feet of stream
and 0.0994 acres of wetlands in order to construct a commercial building and adjacent parking lot and other essential
ammenities located on NC Hwy 105 at Poplar Grove Rd in Boone, NC in Watauga County, as described in your
application received by the Division of Water Quality (DWQ) on Decemberl2, 2007. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number 3705, which can be viewed
on our web site at http-//www.ncwaterqualit~org/wetlands.html. This Certification allows you to use Nationwide
Permit Number 29 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 may be 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:
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 Wetland Im act area acres
W-1 Riparian Wetland -Headwaters Wetland 0.0947
W-2 De ression Wetland 0.0047
Total 0.0994
Identifier Sream Im act len th feet
1 UT to Hodges Creek 40
2 ` UT to Hodges Creek 133
3 UT to Hodges Creek 107
Total 280
n,,,.
Nor`thCarolina
~atarally
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.or~
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Phil Templeton
January 14, 2008
DWQ # 07-2023
Page 2
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The
EEP should be contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have 60 days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Restoration Fund to meet the following
compensatory mitigation requirement:

Compensatory Mitigation
Required River and Sub-basin Number
Stream 280 (feet) New River (OS-07-O1)
Wetlands 0.0994 (acres) New River (OS-07-O1)
In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brown and
brook trout spawning season of October 15 through April 15 to protect the egg and fry stages of trout from off-
site sedimentation during construction.
4. You have indicated an impervious surface area of 17 % in the PCN Application dated November 16, 2007 and
approved by this written 401 Water Quality Certification. You are reminded that if a compliance inspection
determines that you have triggered Condition No. 12 in GC No. 3705, you may be required to develop, submit for
DWQ approval, and implement Stormwater Management Plans. The stormwater management plan must include
construction plans, specifications, stormwater BMP worksheets, and supporting calculations. The stormwater
best management practices are required to be appropriate for the surface water classification and designed to
remove at least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual.
5. 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.
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.

Mr. Phil Templeton
January 14, 2008
DWQ # 07-2023
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,
~~.~~--
Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Douglas Chapman, P.E., Mc Gill Associates, PO Box 1136, Hickory NC, 28603
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Mr. Phil Templeton
January 14, 2008
DWQ # 07-2023
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 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