20081258 Ver 1_Approval Letter_20080923

OW A T ?9QG
6
> ba U
o <
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
September 23, 2008
DWQ# 08-1258
Ashe County
Mr. Keith Simmons
Black Diamond Capital Solutions, LLC
PO Box 1130
West Jefferson, NC 28694
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Simmons:
You have our approval to conduct stream restoration and enhancement activities, in accordance with the
attached conditions, along a total of approximately 145 existing linear feet of an unnamed tributary to Beaver
Creek, located at the Green Rock at Buck Mountain Subdivision property near West Jefferson, NC in Ashe
County, as described in your application received by the Division of Water Quality on August 18, 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
http://www.ncwaterquality.org/wetlarids.html. This Certification allows you to use Nationwide Permit
Number 27 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 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. 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
o Carolina
Ntura!!y
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. Keith Simmons
Green Rock at Buck Mountain
September 23, 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
(linear feet) Type of Impact
UT to Beaver Creek 145 Restoration and Enhancement Activities
Total 145
2. In stream work and land disturbance within the 25-Ofoot 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. All stream banks and any newly established buffer areas shall be planted with native vegetation,
including a mixture of hard wood species and herbaceous vegetation unless the area already has forested
buffer.
4. Upon completion, the project shall be visually monitored 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. 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.
Mr. Keith Simmons
Green Rock at Buck Mountain
September 23, 2008
Page 3
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.
Sincerely,
Coleen H. -Sullins, Director
Division of Water Quality
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
Adam Williams, Brushy Fork Env. Consulting, Inc., 1638 Brushy Fork Rd, Trade TN 37691
DWQ Wetlands/401
DWQ Winston-Salem Regional Office
DWQ Central Files
Mr. Keith Simmons
Green Rock at Buck Mountain
September 23, 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
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
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