HomeMy WebLinkAbout20090156 Ver 1_Approval Letter_20090326??A
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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
March 26, 2009
DWQ# 09-0156
Watauga County
Derek Goddard
BREC, Inc
162 Helen Court
Boone, NC 28607
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Goddard,
You have our approval to conduct stream stabilization activities, in accordance with the attached conditions, along a total of
approximately 700 existing linear feet of Cove Creek located on Old Mill Rd near Sherwood, NC in Watauga County, as described
in your application received by the Division of Water Quality on February 16, 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 http://www.ncwateEguality.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 Type of Impact
linear feet
Cove Creek 700 Re-align channel, install rock cross-vanes, J-hooks,
and other stabilization structures, reshape bank and
vegetation planting.
Total 700 linear feet
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Acton Employer
NorthCarolina
NaAmallry
Derek Goddard
DWQ# 09-0156
March 26, 2009
Page 2 of 3
2. Instream work and land disturbance within the 25-foot wide 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. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification for the work within
Cove Creek. The Permittee shall take all reasonable measures to construct in-stream structures and enhancement measures
while keeping heavy equipment out of the stream channel. Stream flow will be diverted around work areas as much as
practicable. All reasonable steps must be taken to limit the amount of disturbance in the channel and to therefore reduce
downstream turbidity during construction.
4. 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.
5. Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small animals.
6. Visual monitoring of the stabilized 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.
7. 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 fora 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.
Sincerely,
oleen H. Sullins, Director
Division of Water Quality
Attachments
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office
Jeanne Seaver, 5032 Oak Park Rd, Raleigh, NC 27612
DWQ Winston-Salem Regional Office
DWQ Wetlands/401