20081301 Ver 1_Approval Letter_20080922

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9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
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CO North Carolina Department of Environment and Natural Resources

Q Coleen H. Sullins, Director
Division of Water Quality
September 22, 2008
DWQ# 08-1301
Watauga County
Mr. Larry D. Hardy
184 Red Fox Trail
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hardy:
You have our approval, in accordance with the attached conditions, to place impact 28 linear feet of an
unnamed tributary to Norris Branch, to install a driveway crossing for Tract #11 at the Red Fox Ridge
Subdivision located near Boone in Watauga County, as described in your application received by the Division
on August 25, 2008, and additional information received on September 19, 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://h2o.enr.state.nc.us/ncwetlands/rd wetlands _certifications.htm. 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, State Stormwater, 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
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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: www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Larry D. Hardy
Red Fox Ridge SD
September 22, 2008
DWQ # 08-1301
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
Driveway Crossing for Tract 1 I UT1 to Norris Branch 25 feet permanent impact
3 feet temporary impact
Total 28 linear feet
2. In stream work and land disturbance within the 25-foot wide trout buffer zone are prohibited during the
brown and brook trout spawning season of October 15 through April 15 to protect the egg and fry stages
of trout from off-site sedimentation during construction.
3. 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/applying.html. The text of the sample deed notification
may be modified as appropriate to suit to this project.
4. 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 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: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Sean Martin, ENV-ECS, Inc, 643 Greenway Rd Suite K-3, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Central Files
DWQ Wetlands/401