20080630 Ver 1_Approval Letter_20080521

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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
May 21, 2008
DWQ# 08-0630
Surry County
Mr. Eddie Brown
Shoals Community Trust
PO Box 512
Mt. Airy, NC 27030
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brown:
You have our approval to conduct stream enhancement and restoration activities, in accordance with the attached
conditions, along a total of approximately 5,003 existing linear feet of four unnamed tributaries to the Ararat River
located on property owned by the Shoals Community Trust, Craig Hunter, and Stanley and Darla Scott, near Pilot
Mountain, NC in Surry County, as described in your application received by the Division of Water Quality on April 3,
2008. After reviewing your application, we have determined that this activity is covered by General Water Quality
Certification Number 3689, which can be viewed on our web site at htt2://www.ncwaterqualily.org/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 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 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 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. For this approval to be valid, you must follow the conditions listed in
the attached certification, as well as the additional conditions listed below:
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:
One
N Carolina
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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.ncwatei-qualit-Y.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Eddie Brown
Shoals Community Stream Restoration
May 21, 2008
Page 2
Stream Impacts
Location Identifier Amount Approved Type of Impact
linear feet
UT1 to Ararat River 2,517 Re-align channel, install rock cross-vanes
and other stabilization structures, reshape
bank and vegetation planting.
UT2 to Ararat River 1,693 Re-align channel, install rock cross-vanes
and other stabilization structures, reshape
bank and vegetation planting.
UT3 to Ararat River 407 Stream enhancement and reservation
UT4 to Ararat River 386 Stream enhancement and preservation
Total 5,003
2. Native vegetation shall be used throughout this project within the areas identified for planting in the application
documentation. All tree and shrub plantings shall be protected from mowing or clearing. Non-invasive native
vegetation in existence will be preserved and transplanted to the greatest degree possible. Consideration shall be
given to professional invasive plant removal prior to beginning the stream restoration on UTL
3. Natural streambed material shall be harvested and relocated to appropriate locations within the restored channels
to the maximum extent practical.
4. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification only in
specific areas where in-stream structures will be installed and adequate diversion techniques (i.e. pump around,
diversion channel) can not feasibly be utilized. The Permittee shall take all reasonable steps must be taken to
limit the amount of disturbance in the channel and to therefore reduce downstream turbidity during construction.
5. Visual monitoring shall be conducted at a minimum of annually until it is determined that all structures and
stream relocations remain stable (particularly after storm events) and vegetation is successful. Any failures of
structures, stream banks, or vegetation may require future repairs or replacement to ensure the stability and water
quality of the stream and downstream waters.
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 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
heating.
Mr. Eddie Brown
Shoals Community Stream Restoration
May 21, 2008
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 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,
(?2 W14 Col, Director
Division of Water Quality
Attachments
cc: Joshua White, Baker Engineering, 8000 Regency Parkway, Suite 200, Cary NC 27511
Monte Matthews, Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Eddie Brown
Shoals Community Stream Restoration
May 21, 2008
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 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 Certification
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