20060043 Ver 1_Approval Letter_20060217

O?O? W AT `cR?G
r
\ DUG)
Mr. Wyatt Brown
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC, 27699-1652
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Brown:
Alan W. Klimek, P.E. Director
Division of Water Quality
February 17, 2006
DWQ# 06-0043
Randolph County
The North Carolina Ecosystem Enhancement Program has our approval to conduct stream restoration,
enhancement, and preservation activities, in accordance with the attached conditions, along a total of 2,628
linear feet of two unnamed perennial tributaries to Jackson Creek located on an 87-acre parcel of land (Briles
Site) located southeast of the intersection of Ross Wood Road and Pleasant Grove Road near Trinity, in
Randolph County, as described in your application received by the Division of Water Quality on January 5,
2006. After reviewing your application, we have determined that this activity is covered by General Water
Quality Certification Number 3495, which can be viewed on our web site at
ham://h2o.enr.state.nc.us/ncwetlands. 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. If total wetland fills for this
project (now or in the future) exceed one acre, 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:
Amount Approved Plan Location or Reference
Streams 2,628 linear feet Two unnamed tributaries to Jackson Creek, located on the
Briles Property between Ross Wood Road and Pleasant
Grove Road, in Randolph County

1VAne Carolina
Naturally
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http/l:h2o.enr.state.nc.us/ncwetiands
Customer Service Number: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Mr. Wyatt Brown, NCEEP
Page 2, DWQ# 06-0043
February 17, 2006
2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Erosion and Sediment Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance with the appropriate turbidity water quality standard (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in all saltwater classes
and all lakes and reservoirs; 10 NTUs in DWQ Classified trout waters). Such measures must equal or
exceed the requirements specified in the most recent version of the North Carolina Sediment and
Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites,
and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated
with the project.
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
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 401/Wetlands Unit of the NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing
all restored stream reaches.
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 Daryl Lamb in the DWQ Winston-Salem Regional Office at (336)
771-4600 or Ian McMillan in the Central Office in Raleigh at [phone].
Sincerely,
A Alan W. Klimek, P.E.

Mr. Wyatt Brown, NCEEP
Page 3, DWQ# 06-0043
February 17, 2006
AWK/cdl
Attachments
cc: Todd Tugwell, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Melonie Allen, Western Project Manager, N. C. Ecosystem Enhancement Program, 1652 Mail Service
Center, Raleigh, NC 27699-1652
Jeff Jurek, N. C. Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652

is ?. Al? '?? f .vH
o