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HomeMy WebLinkAbout20090718 Ver 1_Approval Letter_20090706AZJL)NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 6, 2009 DWQ# 09-0718 Alleghany County Chris and Amy Huysman 510 Snow Lane Sparta, NC 28675 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. & Mrs. Huysman, You have our approval to conduct stream stabilization activities, in accordance with the attached conditions, along a total of approximately 1350 existing linear feet of an unnamed tributary to Wolf Branch located on in the Glade Creek area in Alleghany County, as described in your application received by the Division of Water Quality on June 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 http://www.ncwaterqualily.or-g/wetlands.html. This Certification allows you to use Nationwide Permit Number 13 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: 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 Unnamed tributary to 1350 Install stabilization structures, reshape bank and Wolf Branch vegetation planting. Total 1350 linear feet 2. The designer or his designee may make in-field changes to the design. Any in-field changes must be documented on as-built drawings and submitted to the Division upon project completion. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 North C uolina Internet: www.ncwaterquality.org Nahma!!r, An Equal Opportunity 1 Affirmative Action Employer Chris & Amy Huysman DWQ# 09-0718 July 6, 2009 Page 2 of 3 3. This authorization exempts the Permittee from meeting Condition #7 in the attached general certification. 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 within the proposed planting buffer on both sides of the stream shall be protected from mowing or clearing. 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 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 Attachments cc: Amanda Jones, Army Corps of Engineers, Asheville Regulatory Field Office (via email) DWQ Winston-Salem Regional Office DWQ Wetlands/401