20070116 Ver 2_Approval Letter_20080303

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
March 3, 2008
DWQ4 07-0116 v2
Ashe County
Mr. Steve Silver
Boone Development Organization
PO Box 2344
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Silver:
You have our approval, in accordance with the attached conditions, to place permanent fill in 139 linear feet of stream
and 70,168 square feet of wetlands, as well as temporarily fill 35 additional feet of stream, in order to roads and
amenities for the Silver Creek Residential Subdivision located on Old Wilkesboro Road near Glendale Springs in Ashe
County, as described in your application received by the Division of Water Quality (DWQ) on December 19, 2007 and
additional information received February 21, 2008. 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
htip://www.ncwaterquality.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 Type of impact Impact area
Impact Site 1 Clearing, grading, fill 0.08 acres
Impact Site 2 Fill, flooding 0.22 acres
Total 0.30 acres
One
NhCarolina
;WUMAY
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.newaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Steve Silver
March 3, 2008
DWQ # 07-0116 v2
Page 2
Identifier Stream Impact length
Impact Site 1 Unnamed tributary #1 to Bear Creek 14 linear feet permanent impact
3 feet temporary impact
Impact Site 2 Unnamed tributary #3 to Bear Creek 40 linear feet permanent impact
3 feet temporary impact
Impact Site 3 Unnamed tributary #3C to Bear Creek 30 linear feet permanent impact
3 feet temporary impact
Impact Site 4 Unnamed tributary #3B to Bear Creek 30 linear feet permanent impact
3 feet temporary impact
Impact Site 5 Bear Creek 10 feet temporary impact
Impact Site 6 Bear Creek 10 feet temporary impact
Impact Site 7 Unnamed tributary #BC2 to Bear Creek 25 linear feet permanent impact
3 feet temporary impact
Total 139 feet permanent impact
35 feet tem orar im act
2. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning
seasons of October 15 through April 15 to protect the egg and fry stages of trout.
3. The water release structure for the offline impoundment must be designed for mid-column release during normal
flows and during low flow conditions it must also provide for low flow release (7Q 10 flow) to the downstream
channel.
4. The off-line impoundment should have shrub or forest buffers to reduce thermal impacts to downstream aquatic
environs and to store diminished wildlife habitats. A walking trail may be placed within the buffer zone
providing it is keptaway from streams to the maximum extent practicable, it is pervious, and its width does not
exceed minimum width requirements specified in the Americans with Disabilities Act (ADA).
All temporary fill and culverts shall be removed and the impacted area returned to the original grade, including
each stream's original cross sectional dimensions, planform pattern, and longitudinal bed and bed profile after
construction is complete or within 6 months of the establishment of the crossing, which ever is sooner, and the
various sites shall be stabilized with natural woody vegetation (except for the maintenance areas of permanent
utility crossings) and restored to prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from this Office must be obtained to
modify this condition.
6. You have indicated an impervious surface area of approximately 11.5% in the PCN Application dated November
20, 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 will 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.
Mr. Steve Silver
10 March 3, 2008
DWQ # 07-0116 v2
Page 3
7. 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 streambed or banks upstream or downstream
of any crossing.
8. Please note Condition No. 6 in the attached GC No. 3705 requiring all work to be conducted in a dry work area.
9. 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.
10. 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: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
John Vilas, ENV-ECS, Inc., 643 Greenway Rd, St K-3, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Steve Silver
March 3, 2008
DWQ # 07-0116 v2
Page 4
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
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 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:
Engineer's Certi acation
Partial Final
Date:
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