20081845 Ver 1_Approval Letter_20090212

LT 5WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Jim Bennett
East of Eden Farms, LLC
605 Woodland Dr.
Greensboro, NC 27408
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bennett:
February 12, 2009
DWQ# 08-1845
Rockingham County
You have our approval, in accordance with the attached conditions, to place permanent fill in 136 linear feet of stream
and temporary fill in 25 linear feet of stream, to temporarily impact 1.94 acres of open water, and to flood and/or fill
0.037 acres of wetlands in order to repair, restore, and improve the existing pond at East of Eden Farms near Stoneville,
NC in Rockingham County, as described in your application received by the Division of Water Quality (Division) on
January 12, 2009 and additional information received on January 22, 2009 and February 4, 2009. After reviewing your
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 hiip://www.ncwateEgualiiy.ora/wetlands.html. This Certification allows you to use
Nationwide Permit Number 18 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 and in your Major
Variance Request. 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:
Stream Identifier Stream Impact length
Im act A UT to Paw Paw Creek 13 linear feet
Impact B UT to Paw Paw Creek 9 linear feet
Impact C UT to Paw Paw Creek 89 linear feet
Impact D UT to Paw Paw Creek 25 linear feet
Temporary UT to Paw Paw Creek 20 linear feet
Total 136 linear feet permanent impact
20 linear feet temporary impact
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
Awarally
East of Eden Farms LLC
DWQ# 08-1845
February 12, 2009
Page 2 of 3
Open Waters Identifier Type of Impact Impact area
Impact A Equipment access to pond bottom 0.78 acres
Impact B Equipment access to and bottom 1.1 acres
Total 1.88 acres
Wetlands Identifier Type of Impact Impact area
Impact A Fill 0.003 acres
Impact B Fill 0.005 acres
Impact C Fill 0.009 acres
Impact D Floodin 0.010 acres
Impact E Flooding 0.010 acres
Total 0.037 acres
2. The Permittee must ensure all necessary permits from the Division of Land Resources have been secured prior to
initiating impacts authorized by this certification.
3. The water release structure for this dam must be designed for mid-column release during normal flows
and during low flow conditions it must also provide for low flow release to the downstream channel
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 NC Division of Water Quality 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
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Melanie McKinney, S&ME, 3718 Old Battleground Rd, Greensboro NC 27410
DWQ Winston-Salem Regional Office
DWQ Wetlands/401