20081573 Ver 1_Approval Letter_20090112

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Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 12, 2009
DWQ# 08-1573
Ashe County
Mr. Chris Barr
Riverview Investment Group, LLC
362 Ridge Dr.
West Jefferson, NC 28694
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Barr:
Riverview Investment Group, LLC has our approval, in accordance with the attached conditions, to place
permanent fill in 40 linear feet of an unnamed tributary to the North Fork New River, and to restore 0.42 acres
of isolated wetland in order to construct road crossings and conduct restoration/repair activities for the North
Fork Estates Subdivision located on Ed Little Road near Creston in Ashe County, as described in your
application received by the Division on October 15, 2008 and additional information received on December
16, 2008 and December 23, 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 htip://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:
N ehCarolina
Noaturally
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. Chris Barr
January 12, 2009
DWQ # 08-1573
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
Impact area 1 UT to North Fork New River - permanent
culvert fill 40 linear feet
Total 40 linear feet
2. Restoration of approximately 0.42 acres of isolated wetland in response to violations at the site is hereby
approved by this certification. Restoration shall be in accordance with the plans submitted on October
15, 2008 and additional information submitted on December 16 and 23, 2008. Restoration activities
shall occur only under the on-site supervision of the restoration designer or his/her designee. The
Division shall be notified upon completion of the restoration work.
3. The wetland restoration area will be vegetated with temporary herbaceous wetland vegetation
immediately upon completion and permanently vegetated with appropriate wetland hardwood species at
the earliest planting time available.
4. The permittee shall visually monitor the wetland restoration site and vegetative plantings to assess and
ensure complete restoration to appropriate wetland conditions including appropriate vegetation growth
and hydric soils development. The monitoring shall be conducted quarterly for a minimum of 1 year
after final planting and annually after that for a minimum of three years. The permittee may be required
to conduct additional restoration activities if the proposed restoration plan is considered unsuccessful.
An annual monitoring report shall be submitted to the Division of Water Quality, Winston-Salem
Regional Office at the address noted on this letterhead. The first report is due within one year of
completion of the final planting.
5. 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.
6. 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.
Mr. Chris Barr
January 12, 2009
DWQ # 08-1573
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 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
Derek Goddard, BREC, 162 Helen Ct., Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Wetlands/401
Mr. Chris Barr
January 12, 2009
DWQ # 08-1573
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 Certi ication
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:
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