20100826 Ver 1_Approval Letter_20101123

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 23, 2010
Mr. Amin Davis
NCDENR - Division of Parks and Recreation
1615 Mail Service Center
Raleigh, NC 27699-1615
Re: Mayo River Dam Repair, Rockingham County
Mayo River (030202, 22-30-(10), C)
DWQ #20100826; USACE Action ID. No. SAW-2010-00716
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3840 issued to Mr. Amin Davis and NCDENR - Division
of Parks and Recreation, dated November 23, 2010. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment
and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Since elymi-
Poleen H. Sullins
CHS/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Sue Homewood, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Filename: SA2010 Correspondence\100826MayoRiverDamRepair(Rockingham)401_IC.doc
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: http://podal.ncdenr.org/webtwgtws
An Equal Opportunity 1 Affirmative Action Employer
NCDENR - Division of Parks and Recreation
Page 2 of 5
November 23, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Amin Davis and NCDENR - Division of Parks and
Recreation to fill impact or otherwise impact 1.17 acres of 404/wetland, 922 linear feet of perennial stream
(892 linear feet permanent impact and 30 linear feet temporary impact), and 0.054 acres of open water
(lake) associated with the proposed dam repair at the site, which is located within the Roanoke River Basin.
The site is located off north of the terminus of Old Mayo Road, near Mayodan, Rockkingham County,
North Carolina, pursuant to an application dated 30'' of September, 2009, and received by the DWQ on
October 4, 2010, and by Public Notice by the U. S. Army Corps of Engineers issued on the 21s` day of
October of 2010 (received by DWQ on October 21, 2010).
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. 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 of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h). (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Riparian Wetlands 1.17 acres Application and Public Notice
Stream (perennial) 922 [(linear feet) of perennial Application and Public Notice
stream (892 linear feet
permanent impact and 30
linear feet temporary impact]
Open Water lake 0.054 (acres) I Application and Public Notice
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
NCDENR - Division of Parks and Recreation
Page 3 of 5
November 23, 2010
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
Continuing Compliance:
5. Mr. Amin Davis and NCDENR - Division of Parks and Recreation, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws are
not being met (including the failure to sustain a designated or achieved use) or that State or federal
law is being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H:0507(d). Before modifying the
Certification, the Division shall notify Mr. Amin Davis and NCDENR - Division of Parks and
Recreation and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504.
Any new or revised conditions shall be provided to Mr. Amin Davis and NCDENR - Division of
Parks and Recreation in writing, shall be provided to the United States Army Corps of Engineers for
reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
6. A minimum release from the dam may be required and the applicant should coordinate the project
with the N.C. Division of Water Resources at [phone]. If a minimum release is not required, a
natural flow regime downstream of the dam should be maintained. Therefore, inflow into the
impoundment should equal outflow.
NCDENR - Division of Parks and Recreation
Page 4 of 5
November 23, 2010
7. If the pond has a minimum release flow, it should be maintained during repair/construction and filling
of the pond to protect downstream aquatic resources. However, turbid water should not be
discharged. Until water in the impoundment is clear, flexible pipe should be used to maintain any
stream flow around the impoundment.
8. The outflow pipe should be designed to draw water from near the bottom of the pond. Coldwater
bottom withdrawal devices should be within 1-2 feet of the bottom, but not on the bottom. This
design will prevent buildup of poorly oxygenated water and improve water quality in the pond.
The discharge should be aerated to enhance dissolved oxygen levels.
9. Any sediment that is removed should be deposited in upland areas or disposed of at an approved
facility. Native woody vegetation should be re-established wherever possible around the
impoundment, but not on the dam. For watersheds that support federally listed species, we
recommend a 100- foot forested buffer on intermittent streams and a 200-foot forested buffer on
perennial streams.
10. If the pond will be restocked after the repair work is completed, only native piedmont species
should be stocked in the pond. A stocking permit from the NCWRC is required to stock any
species of fish, mollusks or crustaceans in the public, inland fishing waters of North Carolina.
Applications for a stocking permit are available at http://www.ncwildlife.org. There is no fee
associated with the permit application process.
11. All mechanized equipment operated near surface waters should be inspected and maintained often
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic
materials.
12. Concrete is toxic to aquatic life and should not be allowed to come in contact with surface waters
until cured. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive silt
and sediment loads can have numerous detrimental effects on aquatic resources including destruction
of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
NCDENR - Division of Parks and Recreation
Page 5 of 5
November 23, 2010
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 23rd day of N e ber 2010
DIVI ION F T UALITY
C leen H. Sullins
3840
CHS/ijm