20100862 Ver 1_Approval Letter_20101210

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Robert Patterson Jr., Water Resources Director
City of Burlington
1302 Belmont St.
Burlington, NC 27216
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Patterson:
December 10, 2010
DWQ# 10-0862
Alamance County
You have our approval, in accordance with the attached conditions, to place fill or otherwise impact 0.0142 acres of
wetlands and 0.0677 acres of open waters in order repair/rehabilitate the Old Stoney Creek Dam and the Lake
Cammack Dam in Burlington, NC in Alamance County, as described in your application received by the Division of
Water Quality (Division) on October 20, 2010, and additional information received November 29, 201, December 8,m
2010 and December 9, 2010. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3687, which can be viewed on our web site at
btip://www.ncwaterquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 3 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:
Open Water Impacts
Identifier Waterbody Impact area (acres)
Site 1 Old Stoney Creek Reservoir 0.00574
Site 2 Old Stoney Creek Reservoir 0.0574
Site 3 Old Stoney Creek Reservoir Tailrace 0.00459
Total 0.0677 acres
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.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
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Robert Patterson Jr.
DWQ# 10-0862
December 10, 2010
Page 2 of 3
Wetland Impacts
Identifier Type of wetland Impact area (acres)
Wetlands 1 Lake Cammack fringe marsh along dam 0.0142 temporary fill
Total 0.0142 acres
2. Buffer impacts identified in the Pre-Construction Notification documents are considered exempt per the Table of
Uses in 15A NCAC 0213.0267.
The minimum release flow should be maintained during repair activities as well as during refilling of both
reservoirs to protect downstream aquatic resources.
4. The Permittee shall avoid initiating drawdown in both reservoirs between April 1 and May 31 to minimize
impacts to spawning fish. If work cannot be initiated until after May 1, then the reservoir shall be lowered no
later than April 1.
5. A turbidity curtain shall be used to contain sediment downstream of dredging activities in Old Stoney Creek
Reservoir.
6. The Raw Water Intake at Old Stoney Creek Dam shall not be used during dredging and rehabilitation activities.
7. 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: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Gerald Pottern, Robert J. Goldstein & Assoc. Inc. (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401