20090517 Ver 1_Approval Letter_20090601

WDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
June 1, 2009
DWQ# 09-0517
Alleghany County
Ms. Suzette Molting
Blue Ridge Parkway
199 Hemphill Knob Rd
Asheville, NC 28803
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Molling:
You have our approval, in accordance with the attached conditions, to place fill or otherwise impact 90 linear feet of
stream in order repair and improve an existing stabilized stream under the BRP bridge over NC Hwy 18 in Laurel
Springs, NC in Alleghany County, as described in your application received by the Division of Water Quality (Division)
on April 29, 2009. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Number 3687, which can be viewed on our web site at
hn://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 3 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:
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:
Stream TmnnrtS
?Identifier ^ Stream Impact length (feet)
Site 1 UT Laurel Fork Creek -(perennial stream 90 linear feet
Total 90 linear feet ter orar
2. The flood plain that has formed above and below the culvert under the access ramp from NC Hwy 18 will no be
modified as per the original application request. The rubble ditchline will be tied into the existing stream above
the culvert across the bench material as necessary and the stream channel will remain the current width and depth
using one culvert only for baseflow conditions.
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
Internetw .navaterquality.org
NorthCarolina
Naturally
An Equal Opportunity \ Affirmative Action Employer
Blue Ridge Parkway
DWQ# 09-0517
June 1, 2009
Page 2 of 3
3. In stream 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. .
4. Work must be accomplished so that wet concrete does not contact stream water.
5. This permit addresses temporary impacts at the BRP/NC Hwy 18 interchange. Any other impacts to streams
and/or wetlands as a result of BRP improvements from this project must be reviewed and approved by the
Division of Water Quality prior to construction.
6. 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,
Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401