HomeMy WebLinkAbout20071382 Ver 2_Approval Letter_20080716
QC4QF W A rF, QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
`C Coleen H. Sullins, Director
Division of Water Quality
July 16, 2008
DWQ# 07-1382 ver 2
Watauga County
Jay Adams
Eaglewood Development, Inc.
161 Hidden Pines Lane
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Adams:
Eaglewood Development Inc. has our approval, in accordance with the attached conditions, to place
permanent fill in 80 linear feet of an unnamed tributary to North Fork Sawyer Creek in order to construct two
(2) driveway crossings; to place permanent fill in 0.15 acres of wetlands; and to conduct stream restoration
and enhancement along approximately 700 feet of North Fork Sawyer Creek, for the Shikina Falls and
Meadows Residential Development located on Camp Joy Road near Boone in Watauga County, as described
in your project approved by the Division of Water Quality (Division) on October 22, 2007 and your
modification application received by the Division on June 23, 2008. After reviewing your modification
application, we have determined that this fill is covered by General Water Quality Certification Numbers
3705 and 3689, which can be viewed on our web site at http://www.ncwaterguality.org/wetlands.html. This
Certification allows you to use Nationwide Permit Numbers 29 and 27 respectively when they are issued by
the U.S. Army Corps of Engineers. Please note these Certifications are not the same as the certifications
approved on October 22, 2008 and you should review them carefully. 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:
Noe Carolina
Naturally
North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax (336) 771-4630 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Eaglewood Development Inc
July 16, 2008
DWQ # 07-1382 ver 2 ,
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:
Identifier Stream Impact length
Pipe Location 2 Unnamed intermittent tributary to North Fork 40 linear feet
Sawyer Creek
Pipe Location 3 Unnamed intermittent tributary to North Fork 40 linear feet
Sawyer Creek
Total 80 linear feet
Identifier Wetland Impact area
Impact area 1 Fill/excavation 0.05 acres
Impact area 2 Fill/excavation 0.01 acres
Impact area 3 Fill/excavation 0.03 acres
Impact area 4 Fill/excavation 0.06 acres
Total 0.15 acres
Identifier Restoration activities Impact length
Restoration Relocation/fill/stabilization/enhancement to Approximately 700 linear feet
North Fork Sawyer Creek
Total 700 linear feet
2. The stream relocation and restoration must be constructed, maintained, and monitored according to the
approved plans in the application and modifications to the application. Any repairs or adjustments to the
site must be made according to the approved plans or must receive written approval from this Office to
make the repairs or adjustments.
3. There shall be a minimum 50 foot protected buffer along the stream restoration. This buffer shall be
incorporated into the conservation easement or restrictive covenant.
4. Natural streambed material shall be harvested and relocated to appropriate locations within the restored
channels to the maximum extent practical.
5. Monitoring of the stream mitigation and enhancement site shall be in accordance with the Stream
Mitigation Guidelines document. The stream relocation shall be monitored in accordance with Level I
monitoring and the stream enhancement section shall be monitored in accordance with Level II
monitoring criteria as outlined in this document.
6. Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Eaglewood Development Inc
July 16, 2008
DWQ # 07-1382 ver 2
Page 3
7. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and
20% of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Pipes on steep slopes should be placed at grade with appropriate
outlet protection to prevent stream scour. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
8. Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCG010000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions
including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
httP://h2o.enr.state.nc.us/su/Forms Documents htm.
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. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
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.
Eaglewood Development Inc
July 16, 2008
DWQ # 07-1382 ver 2
Page 4
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 sue.homewood@ncmail.net.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
John Vilas, ENV-ECS, Inc, 643 Greenway Rd, Suite K-3, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Eaglewood Development Inc
July 16, 2008
DWQ # 07-1382 ver 2
Page 5
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:
Azent'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 CertiFcation
Partial Final
1, , 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