20081007 Ver 1_Approval Letter_20080703

r
W ATF9O Michael F. Easley, Governor

`0 G William G. Ross Jr., Secretary
Cp North Carolina Department of Environment and Natural Resources
> _71
O Coleen H. Sullins, Director
Division of Water Quality
July 3, 2008
DWQ# 08-1007
Stokes County

Mr. Johnny M. Metts
1070 Bray Rd
Walnut Cove, NC 27052
APPROVAL of 401 Water Quality Certification with Additional Conditions

Dear Mr. Metts:

You have our approval, in accordance with the attached conditions, to place permanent fill in approximately 57 linear
feet of stream in order construct a farm pond and flood approximately 243 linear feet of stream on your property at 1070
Bray Rd, in Walnut Cove, NC in Stokes County, as described in your application received by the Division of Water
Quality (Division) on June 25, 2008. After reviewing your application, we have determined that this fill is covered by
General Water Quality Certification Numbers 3705, which can be viewed on our web site at
qualft.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 39
hLtp://www.ncwatgr
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:
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:
Stream Identifier Stream Impact length
Impact area 1 Unnamed tributary to Bull Run 57 acres of permanent fill
Impact area 1 Unnamed tributary to Bull Run 243 acres of flooding
Total 300 linear feet total impact

2. After completion of the pond, you must ensure that the total impacts are no more than approved by this
authorization. If flooding impacts are beyond 300 feet of total stream impacts then the outlet structure must be
modified to reduce the impacts to the stream to below 300 feet.

3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of rIPARP11
to notify NCDWQ when all work included in the §401 Certification has been completed. ThIW~ate
on the form.
North Carolina Division of Water Quality 585 Waughtowm Street Phone [phone] Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone] 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Johnny M. Metts
July 3, 2008
DWQ # 08-1007
Page 2

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
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401

Mr. Johnny M. Metts
July 3, 2008
DWQ # 08-1007
Page 3

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: 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 prof ect,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