20090017 Ver 1_Approval Letter_20090218

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 18, 2009
DWQ# 09-0017
Watauga County
Mr. Wayne Press
PO Box 726
Linville, NC 28646
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Press:
You have our approval, in accordance with the attached conditions, to place fill or otherwise permanently impact 105
linear feet of stream and to temporarily impact an additional 15 feet of stream for dewatering procedures, in order to
construct a driveway for your residence on Castleford Road near Boone, NC in Watauga County, as described in your
application received by the Division of Water Quality (Division) on January 2, 2009. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number 3704, which can be viewed
on our web site at http://www.ncwaterqualily.org,/wetlands.html. This Certification allows you to use Nationwide
Permit Number 14 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. 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 Impacts
Identifier Stream Impact length (feet)
Site 1 UT to New River 75 linear feet
Site 2 UT to New River 30 linear feet
Site 2 UT to New River 15 linear feet temporary dewatering
Total 105 linear feet permanent
15 linear feet tem orar
2. Sediment and erosion control measures should adhere to the design standards for sensitive watersheds (15A
NCAC 4B .0124). A trout waiver may be necessary from the NC Division of Land Resources.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ?atlira!!?
An Equal Opportunity 1 Affirmative Action Employer
Wayne Press
DWQ# 09-0017
February 18, 2009
Page 2 of 3
3. 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,
. 100'
Cle,n H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
Dennis Moretz, Moretz Const..Co, 8970-2 Hwy 105 South, Boone, NC 28607
DWQ Winston-Salem Regional Office
DWQ Wetlands/401