20090682 Ver 1_Approval Letter_20090706

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Martin & Faye Dulin
7217 Leesburg Rd
Charlotte, NC 28215
John & Judy Flora
135 Frissell Dr
Whitsett, NC 27377
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Dulin and Mr. & Mrs. Flora:
July 6, 2009
DWQ# 09-0682
Ashe County
You have our approval to conduct stream restoration and enhancement activities, in accordance with the
attached conditions, along a total of approximately 145 existing linear feet of the North Fork New River,
located on your properties in the Bent River Estates near Jefferson, NC in Ashe County, as described in your
application received by the Division of Water Quality on June 10, 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.ncwaterquality.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 cert ification. 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:
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
NorthCarolina
,Naturally
Dulin & Flora
July 6, 2009
DWQ# 09-0682
Page 2 of 3
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 Imnacts
Location Identifier Amount Approved Type of Impact
(linear feet)
North Fork New 145 Install cross vanes, slope banks for
River stabilization.
Total 145
2. All stream banks and any newly established buffer areas shall be planted with native vegetation,
including a mixture of hard wood species and herbaceous vegetation.
3. Upon completion, the project shall be visually monitored for one year, or two bankfull events,
whichever is longer. Any problems noted during the inspections shall be documented and reported to
the Division of Water Quality, Winston-Salem Regional Office, 585 Waughtown Rd, Winston-Salem,
NC 27107 within 30 days of discovery. Any repairs deemed necessary will require approval from the
Division of Water Quality prior to conducting the repairs.
4. 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.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office (via email)
Lynn Caldwell, NCNB, PO Box 1480, West Jefferson, NC 28694 (via email)
DWQ Wetlands/401
DWQ Winston-Salem Regional Office