20081047 Ver 1_Approval Letter_20080808

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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
August 8, 2008
DWQ# 08-1047
Alleghany County
June Thomas
PO Box 83
Roaring Gap, NC 28668
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear June Thomas:
You have our approval, in accordance with the attached conditions, to place permanent fill in 66 linear feet to an
Unnamed Tributary to Little Piney Creek, a jurisdictional stream, in order to construct a new access road to your
property at 1032 Wagoner Ridge Road in Ennice, NC in Alleghany County, as described in your application received by
the Division of Water Quality (DWQ) on July 2, 2008 and revisions received July 16,_ 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 http://www.ncwaterqualiiy.orgi/wetlands.html. This Certification allows you to use
Nationwide Permit Number 29 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:
Identifier Stream Impact length
Pipe Location 1 Unnamed tributary 1 to Little Piney Creek 40 linear feet
Pipe Location 1-energy
dissipater pad Unnamed tributary 1 to
Creek Y !e ;Aey 26 linear feet
Total 66 linear feet
2. Restoration of a 10-foot buffer with native riparian vegetation is required adjacent to the stream channel, which
runs parallel to the dam for the pond.
3. Where the stream had been previously rerouted into a new channel at the pipe crossing, the stream shall be
rerouted into the original channel, and the newly created channel shall be restored to its original grade. The pipe
shall be retained for an overflow pipe at this location. The area including the pipe crossing and the rerouted
stream shall be monitored to ensure stream connectivity and aquatic passage.
NOne
Carolina
North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service atitrally
Winston-Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwateMuality.or
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
June Thomas
August 8, 2008
DWQ # 08-1047
Page 2
4. In-stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout-spawning
season of October 15 through April 15 to protect the egg and fry stages of trout from off-site sedimentation during
construction of the roadway.
Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life.
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 is being maintained if requested in writing by DWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on
how to proceed and to determine whether or not a modification to this certification will be required.
6. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases
water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
7. Since the project occurs in waters or watersheds classified as Trout (TR), High Quality (HQW) or Outstanding
Resource (ORW) waters, sediment and erosion control requirements contained within Design Standards in .
Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment and erosion control requirements.
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 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 Amy Euliss in the DWQ Winston-Salem Regional Office at 336-771-4959 or at
[e-mail].
Sincerely,
J? Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Phil Wagoner, e-copy
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Junta Thomas
August 8, 2008
DWQ # 08-1047
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:
dent'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:
Engineer's Certification
Partial Final
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