HomeMy WebLinkAbout20080978 Ver 1_Approval Letter_20091207NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 7, 2009 DWQ# 08-0978 Authorization Reissuance Davidson County Mr. Gregg Stabler, Director Davidson Water Inc. PO Box 969 Welcome, NC 27374 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Metts: You have our approval, in accordance with the attached conditions, to place permanent fill in approximately 0.067 acres of stream and temporarily fill 0.230 acres of stream in order construct a new raw water intake structure on the Yadkin River at the DWI Water Treatment Plant, near Lexington, NC in Davidson County, as described in your original application received by the Division of Water Quality (Division) on June 18, 2008 and the FONSI received by the Division on November 13, 2009. After reviewing your documentation, we have determined that this fill is covered by General Water Quality Certification Numbers 3688 and 3705, which can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. These Certifications allow you to use Nationwide Permit Numbers 33 and 39 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 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: 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 Identifier Stream Impact area Impact area 1 Yadkin River 0.230 acres temporary dewaterin Impact area 1 Yadkin River 0.067 acres permanent fill Total 0.297 acres North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarohna Naturally Davidson Water Inc. DWQ# 08-0978 December 7, 2009 Page 2 of 3 2. 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 ยง401 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 sue.homewood@ncmail.net. Sincerely, l? C,/?- Coleen H. Sullins, Director Division of Water Quality cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) Brian Sexton, P.E., Marziano & McGougan P.A., 1300 Second Ave, Suite 211, Conway SC 29526 DWQ Winston-Salem Regional Office DWQ Wetlands/401