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HomeMy WebLinkAbout20070302 Ver 1_Approval Letter_20070417oFWArFR O?~~QGv t r { o ~-;~~ ~ :=?-; - `•1b' •P ,,~.. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 17, 2007 DWQ# 07-0302 Forsyth County Mr. Paul Williams PM Development, LLC P. O. Box 5323 Winston-Salem, NC 27113 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Williams: PM Development, LLC has our approval, in accordance with the attached conditions, to place temporary fill associated with trenching and backfilling in 80 linear feet of perennial stream and in 0.69 acre of wetlands in order to install two gravity sewer lines for the Carrollton Development located on Old Salem Road south of Kernersville in Forsyth County, as described in your application received by the Division of Water Quality (DWQ) on February 15, 2007 and in additional information received by DWQ on April 9, 2007. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3625, which can be viewed on our web site at http://www.ncwaterquality.orb/wetlands.html. This Certification allows you to use Nationwide Permit Number 12 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, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation maybe 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 the Certification are met. No other impacts, including incidental impacts, are approved: Amount A roved Plan Location or Reference Streams 801inear feet Unnamed tributary to Abbots Creek located off of Old Salem Road south of Kernersville in Forsyth County, as depicted on the site plan included with the Pre-Construction Notification Norte Carolina ~alurallr~ North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http://www.ncwaterqualitV.orq Customer Service Number: 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mr. Paul Williams Page 2, DWQ# 07-0302 April 17, 2007 Amount A roved Plan Location or Reference Wetlands 0.69 acre Forested riparian wetlands adjacent to an unnamed tributary to Abbots Creek located off of Old Salem Road south of Kernersville in Forsyth County, as depicted on the site plan included with the Pre-Construction Notification 2. Appropriate sediment and erosion control measures, which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion 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 at all times with the North Carolina water quality standards that are applicable to Class WS-III waters as described in 15A NCAC 02B . 021 S Fresh Surface Water Quality Standards For Class WS-III 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 this 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 project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 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. 5. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. 6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. 7. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been Mr. Paul Williams Page 3, DWQ# 07-0302 April 17, 2007 completed. The responsible party shall complete the attached form and return it 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 form, please send photographs upstream and downstream of the stream- crossingsites and of the wetland impact areas to document correct installation. 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- 4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, ~~ <~~_ Alan W. Klimek, P.E. AWK/cdl Attachments cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Mr. Mark Taylor, P.E., Ecologic Associates, P.C., 4321-A South Elm-Eugene Street, Greensboro, NC 27406