HomeMy WebLinkAbout20111112 Ver 1_Approval Letter_20120103A Y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
January 3, 2012
DWQ# 11 -1112
Guilford County
Steven and Angela Rice
8633 Haw River Rd
Oak Ridge, NC 27310
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. & Mrs. Rice:
You have our approval, in accordance with the attached conditions; to permanently impact 149 feet of stream
in order to construct a small pond on your property in Guilford County, as described in your application
received by the Division of Water Quality (Division) on December 22, 2011. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Number and
3821, which can be viewed on our web site at http:// wwvv. ncwaterquality .org/wetlands.html. This
Certification allows you to use Nationwide Permit Number 29 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 maybe 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 Permittee shall complete the Stream Buffer Restoration Plan as approved by the Guilford County
Planning and Development Department.
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location. 585 Waughtown St. Winston - Salem, North Carolina 27107 One
Phone. 336. 771 -50001 FAX: 336 - 771 -46301 Customer Service. 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
Steven & Angela Rice
DWQ# 11 -1112
January 3, 2012
Page 2 of 4
2. 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 Imnacts
Identifier
Waterbody
Impact
Site 1
Haw River
149 linear feet
Total
149 linear feet permanent impact
Please be aware that by having impacted waters without first applying for and securing the issuance of a 401
Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC)
2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters, including
wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by Section 401 of the
Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water
Quality. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation.
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 @ncdenr.gov.
Sincerely,
'
Charles Wakild, P. E., Director
Division of Water Quality
cc: U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ Winston -Salem Regional Office
DWQ= Wetlands / 0.1