20060387 Ver 3_Approval Letter_20090319

LTIFAA
NCD"J?Allr
ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 19, 2009
DWQ# 06-0387 V3
Wilkes County
William A. Swartley, Forest Hydrologist
NC Division of Forest Resources
1616 Mail Service Center
Raleigh, NC 27699-1616
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swartley,
You have our approval to conduct stream restoration activities, in accordance with the attached conditions, along a total
of approximately 1,600 existing linear feet of Purlear Creek located on Rendezvous Mountain State Forest near
Wilkesboro, NC in Wilkes County, as described in your application received by the Division of Water Quality on
February 23, 2009. 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
hLtp://www.ncwatergualiiy.org/wetlands.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:
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:
Impacts
Location Identifier Amount Approved
'near feet Type of Impact
Purlear Creek 1600 Re-align channel, install rock cross-vanes, J-
hooks, and other stabilization structures,
reshape bank and vegetation planting.
Total 1600 linear feet
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
Nat=4
2. Native vegetation shall be used throughout this project within the areas identified for planting in the application
documentation. All tree and shrub plantings shall be protected from mowing or clearing.
Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.
4. Visual monitoring of the restored stream shall be conducted at a minimum of quarterly for the first year or two
bankfull events (whichever is longer), and then annually until it is determined that all structures and stream banks
are stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks,
or vegetation may require future repairs or replacement to ensure the stability and water quality of the stream and
downstream waters.
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.
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.
Sinc rely,
e
Coleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Monte Matthews, Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston-Salem Regional Office
??t??[?TdWsl4U 1