20080896 Ver 1_Approval Letter_20080811

0? W A T ?9?G
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 11, 2008
DWQ# 08-0896
Wilkes County
Mr. Gunther Freystatter
260 Timber Crest Trail
Fleetwood, NC 28626
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Freystatter:
You have our approval, in accordance with the attached conditions, to place permanent fill in 97 linear feet of
two unnamed tributaries to North Fork Lewis Creek, and to repair and stabilize an additional 110 linear feet in
order to construct road crossings and conduct repair activities for the Ridge on the Parkway Subdivision
located on Lump Road near Deep Gap in Wilkes County, as described in your application received by the
Division on June 9, 2008 and additional information received on July 9, 2008. After reviewing your
modification 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 http://www.ncwaterquality.org/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
(including trout buffer waivers as necessary), 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:
Ne C
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Aatumlly
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.ncwateEgualityorg
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Gunther Freystatter
August 11, 2008
DWQ # 08-0896
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
Stream Crossing
#19 UT1 to North Fork Lewis Creek 50 linear feet
Stream Crossing
#20 UT2 to North Fork Lewis Creek 47 linear feet
Total 97 linear feet
2. Repair and restoration of an additional 110 linear feet of both tributaries in response to violations at the
site is hereby approved by this certification. Restoration shall be in accordance with the plans submitted
on July 9, 2008. Repair activities shall occur only under the supervision of the restoration designer or
his designee. The restoration activity must occur prior to October 15, 2008. The Division shall be
notified upon completion of the repair work.
3. If any changes occur to the stream repair or impact areas due to redesign of the Sediment and Erosion
Control Plan then a permit modification must be submitted to, and approved by, the Division prior to
implementing any additional impacts or impact modifications.
4.. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place at the time of recording of the property, or of individual lots,
whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project.
5. There shall be a minimum 30-foot protected buffer along the stream repair areas.
6. All channel reconstructions and repairs will be constructed in a dry work area and stabilized before
stream flows are diverted. Vegetation used for bank stabilization shall be limited to native woody
species on both sides of the relocated channel. A transitional phase incorporating coir fiber and seedling
establishment is allowable.
7. The permittee shall visually monitor the in-stream structures, repaired channels, and vegetative plantings
to assess and ensure complete stabilization of the repaired stream segments. The monitoring shall be
conducted quarterly for a minimum of 1 year after final planting or two bankfull flow events, whichever
is longer.
8. Natural fiber matting for stream stabilization is recommended over plastic matting that can impinge and
entrap small animals.
9. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brook
trout spawning season of October 15 through April 15 to protect the egg and fry states of trout.
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.
Mr. Gunther Freystatter
August 11, 2008
DWQ # 08-0896
Page 3
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: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Derek Goddard, BREC, Inc., 162 Helen Court, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401
Mr. Gunther Freystatter
August 11, 2008
DWQ # 08-0896
Page 4
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 Certcation
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 Certification
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 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