20110251 Ver 1_Approval Letter_20110525

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Pertlue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Courtney Driver
City/County Utility Commission
101 N Main Street, Suite 357
Winston-Salem, NC 27406
APPROVAL of 401 Water Quality Certification with Additional Conditions
APPROVAL of Jordan Lake Riparian Buffer Impacts with Additional Conditions
APPROVAL of Randleman Lake Riparian Buffer Impacts with Additional Conditions
Dear Ms. Driver,
May 25, 2011
DWQ# 11-0251
Forsyth County
You have our approval to conduct stream stabilization activities, in accordance with the attached conditions, along a
total of approximately 2750 linear feet of streams located within the City/County Utility Commission jurisdiction in
Winston-Salem NC and Kernserville NC in Forsyth County, as described in your application received by the Division of
Water Quality on March 15, 2011 and additional information received May 9, 2011. After reviewing your application,
we have determined that this activity is covered by General Water Quality Certification Number 3687 and 3689, which
can be viewed on our web site at http://www.ncwaterquality.org/wetlands.html. These Certifications allow you to use
Nationwide Permit Numbers 3, 13 and 27 when they are 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. 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.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
~aturall~

Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 2 of 4
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:
Impacts
Location Identifier Stream Amount Approved
linear feet Type of Impact
Site 1 -Miller Park Branch Creek 180 See engineering plans
Site 2 -Weather Woods Salem Creek 310 See en ineerin lans
Site 3 -Salem Creek Salem Creek 150 See en ineerin Tans
Site 4 -Washington Park Salem Creek 260 See engineering Tans
Site 5 - Vir inia Rd UT to Peters Creek 120 See en ineerin lans
Site 6 -Southern St. 1 UT to Kerner Mill Creek 110 See engineering plans
Site 7 -Southern St. 2 UT to Kerner Mill Creek 260 See en ineerin Tans
Site 8 -Belews Creek Lift
Station East Belews Creek 60 See engineering plans
Site 9 -Kensal Green Ct 1 Reedy Creek 90 See engineerin Tans
Site 10 -Kensal Green Ct 2 Reed Creek 50 See en ineerin Tans
Site 11 - Leichester Square
Ct Reedy Creek 70 See engineering plans
Site 12 -Broken Saddle
Lane Reedy Creek 200 See engineering plans
Site 13 -Green St 1 Reed Creek 170 See engineerin lans
Site 14 -Green St 2 Reedy Creek 90 See engineering lans
Site 15 - Carotec Dr UT to West Fork Deep
River 130 See engineering plans
Site 16 -Lakeside Dr UT to Smith Creek 170 See en ineerin lans '
Site 17 -Tukwila Ct UT to Muddy Creek 130 See engineering lans
Site 18 -Industrial Dr Leak Fork 200 See en ineerin lans
Total 2750 linear feet
2. Impacts to the Jordan Lake Riparian Buffers for Reedy Creek area and to the Randleman Lake Riparian Buffers
for West Fork Deep River are determined to be allowable as "protection of existing structures" provided all
vegetation impacted outside of the utility Right-of--Way be re-established with equal vegetation (trees for trees,
grass for grass, etc) upon completion of the construction activities.
The Division believes that streambank armoring at Site 11 will provide only temporary protection to the utility
line. The Division strongly recommends that the City/County Utility Commission and the Town of Kernersville
jointly address the stream instability in this area. The Division will require that any future requests for 401 Water
Quality Certifications to stabilize utilities in this area show that the local governments have addressed the cause of
the instability and attempts have been made at a broader, long-term solution rather than continued armoring. The
Division recommends that the local governments seek grant opportunities and/or develop capital improvement or
stormwater programs that include stream restoration or stabilization in this area to protect utility lines in the
future.
4. All proposed step-pool stabilization areas must be constructed to ensure that a natural stream channel is provided.
Failure to provide a natural channel habitat may require in future compensation for permanent stream impacts.
Natural fiber matting is recommended for streambank stabilization over plastic matting that can entrap small
animals.

Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 3 of 4
6. Visual monitoring of the restored streambanks, re-established buffer vegetation, all instream structures, and the
installed step-pools shall be conducted at a minimum of quarterly for the first year or two bankfull events
(whichever is longer), and then annually (particularly after storm events) until it is determined that all structures
and stream banks are stable and vegetation is successful. Any failures of structures, stream banks, or vegetation
may require future repairs or replacement to ensure the stability and water quality of the stream and downstream
waters.
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 NC Division of Water Quality at the
address listed on the form. Along with the Certificate of Completion, please send photographs showing the
restored stream reach.
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 Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964.
Sincerely,

~,.. Coleen H. Sullins, Director
y Division of Water Quality
Attachments
cc: John Thomas, Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Jason Marshall, McKim & Creed (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401

Winston-Salem/Forsyth City/County Utility Commission
DWQ# 11-0251
May 25, 2011
Page 4 of 4
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Appiica~at's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date