20071946 Ver 2_Approval Letter_20080714

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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
July 14, 2008
DWQ# 07-1946 ver 2
Watauga County
Mr. Adam Williams
Brushy Fork Environmental Consulting, Inc
1638 Brushy Fork Road
Trade, TN 37691
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williams:
Brushy Fork Environmental Consulting, Inc. has our approval to conduct stream enhancement and
stabilization activities, in accordance with the attached conditions, along a total of 235 existing linear feet of
Kraut Creek located approximately on property known owned by the Appalachian State University, Boone
Chamber or Commerce, and SC&S Future in Boone, NC in Watauga County, as described in your.
modification application received by the Division of Water Quality on July 7, 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.ncwaterguality.org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 13 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 maybe required to send us anew 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:
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: wwwncwaterquality.ore
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Adam Williams
Kraut Creek Stream Stabilization
July 14, 2008
Page 2
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 Impacts
Location Identifier Amount Approved Type of Impact
(linear feet)
Unnamed tributary to Rock toe stabilization installed
Kraut Creek
Kraut Creek Install stabilization structures and floodplain
wetlands
Total 235
2. Native vegetation shall be used throughout this project.
3. This authorization exempts the Permittee from meeting Condition #7 in the attached general
certification. The Permittee shall take all reasonable measures to construct the boulder wall and the in-
stream structures while keeping heavy equipment out of the stream channel. Streamflow will be
diverted around work areas as much as practicable. All reasonable steps must be taken to limit the
amount of disturbance in the channel and to therefore reduce downstream turbidity during construction.
4. Upon completion, the project shall be visually monitored quarterly for one year or two bankfull events,
whichever is longer. Any problems noted during the inspections shall be documented and reported to
the Division of Water Quality, Winston-Salem Regional Office, 585 Waughtown Rd, Winston-Salem,
NC 27107 within 30 days of discovery. Any repairs deemed necessary will require approval from the
Division of Water Quality prior to conducting the repairs.
5. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the applicable North Carolina water quality.
Such measures must equal or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. These measures must be maintained on all
construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased
borrow pits, which are associated with this project.
6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date of
project completion or, if applicable, within six months of the date of project release by the Division of
Land Resources.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
Mr. Adam Williams
s
Kraut Creek Stream Stabilization
July 14, 2008
Page 3
8. 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 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 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.
Sine ely,
Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Adam Williams
Kraut Creek Stream Stabilization
July 14, 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
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