20080162 Ver 1_Approval Letter_20080616

W A T
F,goG
?"1U Michael F. Easley, Governor
7
r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Y Coleen H. Sullins, Director
Division of Water Quality
June 16, 2008
DWQ# 08-0162
Wilkes County
Mr. Ira Myers
1470 Country Club Rd
Wilkesboro, NC 28697
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Myers:
You have our approval, in accordance with the attached conditions, to place permanent fill in 432 linear feet of stream
in order construct a commercial building and associated amenities at the intersection of Highway 16 and Highway 18
near Moravian Falls, NC in Wilkes County, as described in your application received by the Division of Water Quality
(Division) on January 30, 2008 and additional information received March 12, 2008, May 9, 2008 and June 12, 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.ncwaterqualiiy.org/wetlands.html. This Certification
allows you to use Nationwide Permit Number 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 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:
Stream Identifier Stream Impact length
Impact area 1 & 2 Unnamed tributary to Cub Creek 432 linear feet permanent impact
Total 432 linear feet permanent impact
2. Please note Condition No. 6 in the attached GC No. 3705 requiring all work to be conducted in a dry work area.
The outside buffer, wetland or water boundary located within the construction corridor approved by this
certification shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification.
N"o,r? Carolina
;valmully
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 Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Ira Myers
June 16, 2008
DWQ # 08-0162
Page 2
4. The final, written stormwater management plans (including a signed and notarized Operation and Maintenance
Agreement) must be implemented and the stormwater management facilities shall be constructed and operational
before any permanent building is occupied at the subject site. The structural stormwater practices as approved by
this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
5. Any final construction plans for this project must include or reference the application and plans approved by the
DWQ under this authorization letter and certification.
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.
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,
40
Coleen H. Sullins, Director
Division of Water Quality
cc: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mike Brame, ECS Carolinas, 4811 Koger Blvd, Greensboro NC 27407
Tory Wagoner, PE, Cavanaugh & Assoc., 530 N. Trade St, Suite 102, Winston-Salem, NC 27101
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Ira Myers
June 16, 2008
DWQ # 08-0162
Page 3
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:
dent'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