20090103 Ver 1_Approval Letter_20090430

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MWE N R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Maston Hodges
Skymont Inc. Development Corp
2551 Bairds Creek Rd
Vilas, NC 28692
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hodges:
April 30, 2009
DWQ# 04-1025 v2
Watauga County
You have our approval, in accordance with the attached conditions, to place permanent fill in 99 linear feet of two
unnamed tributaries to Baird Creek, and to repair and stabilize an additional 21 linear feet of tributary in order to
construct road crossings and a driveway crossing and conduct repair activities for the Crystal Springs Subdivision
located on Baird Creek Rd near Valle Crucis in Watauga County, as described in your application received by the
Division on January 29, 2009 and in response to a Notice of Violation issued by the Division on January 5, 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 htto://www.ncwateEqualiiy.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:
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
Natifiii 4
Maston Hodges
DWQ# 04-1025 v2
April 30, 2009
Page 2 of 4
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
Road Crossing S1 UT1 to Baird Creek 40 linear feet
Road Crossing S2 UT2 to Baird Creek 40 linear feet
Driveway Crossing S3 UT2 to Baird Creek 19 linear feet
Total 99 linear feet
2. Repair and restoration of an additional 21 linear feet of UT2 in response to violations at the site is hereby
approved by this certification. Restoration shall be in accordance with the plans submitted on January 29, 2009
and additional information submitted on March 26, 2009. Prior to commencing the restoration work, a
preconstruction meeting shall be scheduled with the restoration designer (or his designee), the contractor
scheduled to conduct the work, and a representative of the Division of Water Quality. The restoration activity
must occur prior to August 31, 2009. The Division shall be notified upon completion of the repair work.
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.
4. There shall be a minimum 25-foot protected buffer along the stream repair area.
5. All channel reconstructions and repairs will be constructed in a dry work area and stabilized before stream flows
are diverted. Vegetation used for bank stabilization shall be limited to native woody species on both sides of the
relocated channel. A transitional phase incorporating coir fiber and seedling establishment is allowable.
6. The permittee shall visually monitor the repaired. channel and vegetative plantings to assess and ensure complete
stabilization of the repaired stream segment. The monitoring shall be conducted quarterly for a minimum of 1
year after final planting or two bankfull flow events, whichever is longer.
7. Natural fiber matting for stream stabilization is recommended over plastic matting that can impinge and entrap
small animals.
8. In stream work and land disturbance within the 25-foot wide buffer zone are prohibited during the brook trout
spawning season of October 15 through April 15 to protect the egg and fry states of trout.
9. 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.
r
Maston Hodges
DWQ# 04-1025 Q
April 30, 2009
Page 3 of 4
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, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
Eric Thomley, P.E., Municipal Engineering Services Company, (via email)
DWQ Winston-Salem Regional Office