20071085 Ver 2_Approval Letter_20090807

_ALVI4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Jorge Martinez
119 Fairwich Ct
Tavernier, FL 33070
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Martinez:
August 7, 2009
DWQ# 07-1085 v2
Wilkes County
You have our approval, in accordance with the attached conditions, to place impact 140 linear feet of two unnamed
tributaries Little Fork Creek to install a two road crossings for the Creekside Pointe at the Parkway Subdivision located
near Wilkesboro in Wilkes County, as described in your application received by the Division on April 1, 2009, and
additional information received on July 16, 2009. After reviewing your modification 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
http://h2o.enr.state.nc.us/ncwetlands/rd_wetlands_certifications.htm. 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, State
Stormwater, 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.ncwaterqual4.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Jorge Martinez
DWQ# 07-1085 v2
August 7, 2009
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:
Identifier Stream Impact length
S1 UT1 to Little Fork Creek 40 feet permanent impact
20 feet temporary impact
S2 UT2 to Little Fork Creek 60 feet permanent impact
20 feet temporary impact
Total 100 linear feet permanent
40 linear feet temporary
2. In stream work and land disturbance within the 25-foot wide trout 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.
3. This authorization exempts the Permittee from meeting the requirement for burial of the pipes in Condition #13 in
the attached general certification due to steep slopes and bedrock present on site.
4. 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/applying.html. The text of the sample deed notification may be modified as
appropriate to suit to this project.
5. 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: Monte Matthews, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Derek Goddard, BREC (via email)
DWQ Winston-Salem Regional Office
D3WQ Wetlands/4014